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Full text of "Journal of the Senate of the General Assembly of the State of North Carolina at its session of ... [serial]"

THE LIBRARY OF THE 

UNIVERSITY OF 

NORTH CAROLINA 




THE COLLECTION OF 
NORTH CAROLINIANA 



C328.I 

N87 

1969 
Senate 



UNIVERSITY OF N.C. AT CHAPEL HILL 



00034006575 

rUK U5t UJNLY IJN 



; I 



THE NORTH CAROLINA COLLECTION 



Digitized by the Internet Archive 

in 2012 with funding from 

Ensuring Democracy through Digital Access (NC-LSTA) 



http://www.archive.org/details/journalofsenateo1969nort 



JOURNAL 

OF 

THE SENATE 

OF THE 

GENERAL ASSEMBLY 

OF THE 

STATE OF NORTH CAROLINA 



SESSION 1969 



PRINTED BY LITHOGRAPHY AND BOUND IN U.S.A. 
BY LITHO INDUSTRIES, INC., RALEIGH, NORTH CAROLINA 



OFFICERS AND MEMBERS 
OF 

THE SENATE OF NORTH CAROLINA 

SESSION OF 1969 



H. PATRICK TAYLOR, JR., President Wadesboro 

N. HECTOR McGEACHY, JR., President Pro Tempore Fayetteville 

ROY ROWE, Principal Clerk Burgaw 

W. EUGENE SIMMONS, Reading Clerk Tarboro 

BROOKS W. POOLE, Sergeant-At-Arms Raleigh 



DISTRICT 



NAME OF SENATOR 



ADDRESS 



1 J. J. HARRINGTON Lewiston 

GEORGE M. WOOD Camden 

2 EDGAR J. GURGANUS Williamston 

3 NORRIS C. REED, JR New Bern 

4 JULIAN R. ALLSBROOK Roanoke Rapids 

VERNON E. WHITE Winterville 

5 CHARLES H. LARKINS, JR Kinston 

6 ALBERT J. ELLIS Jacksonville 

7 EDWARD F. GRIFFIN Louisburg 

8 J. MARVIN JOHNSON Smithfield 

J. RUSSELL KIRBY Wilson 

9 LINDSAY C. WARREN, JR Goldsboro 

10 JOHN J. BURNEY, JR Wilmington 

STEWART B. WARREN Clinton 

11 GORDON P. ALLEN Roxboro 

CLAUDE CURRIE Durham 

12 J. RUFFIN BAILEY Raleigh 

JYLES J. COGGINS Raleigh 

13 WILLIAM W. STATON Sanford 

14 JOHN T. HENLEY Hope Mills 

N. HECTOR McGEACHY, JR Fayetteville 

15 SANKEY W. ROBINSON Whiteville 

16 FRANK R. PENN Reidsville 

17 RALPH H. SCOTT Haw River 

18 HARGROVE ( SKIPPER) BOWLES Greensboro 

ELTON EDWARDS Greensboro 

COOLIDGE MURROW High Point 

19 W. D. JAMES Hamlet 

WILLIAM P. SAUNDERS Southern Pines 

20 HECTOR MacLEAN Lumberton 

21 FRED FOLGER, JR Mount Airy 

22 HARRY BAGNAL Winston-Salem 

GERALDINE R. NIELSON Winston-Salem 

23 ODELL SAPP Salisbury 

24 JOHN R. BOGER, JR Concord 

FRANK N. PATTERSON, JR Albemarle 

25 THOMAS RHUDY BRYAN, SR Wilkesboro 

26 NORMAN H. JOYNER Troutman 

J. REID POOVEY Hickory 

27 MARTHA W. EVANS Charlotte 

CHARLES K. MAXWELL Huntersville 

HERMAN A. MOORE Charlotte 

28 DAVID T. FLAHERTY Lenoir 

29 MARSHALL A. RAUCH Gastonia 

JACK H. WHITE Kings Mountain 

30 CLYDE M. NORTON Old Fort 

31 BRUCE B. BRIGGS Mars Hill 

R. T. DENT Spruce Pine 

32 CARROLL W. WILKIE Fletcher 

33 HERMAN H. WEST Murphy 



SENATE JOURNAL 

SESSION 1969 



FIRST DAY 

Senate Chamber, 
Wednesday, January 15, 1969. 

In accordance with law, at the hour of 12m, the Senate of the General 
Assembly of North Carolina assembles this day in the Senate Chamber in 
the City of Raleigh. 

The Honorable H. Patrick Taylor, Jr., Lieutenant Governor, calls the 
Senate to order. 

The following prayer is offered by the Reverend George E. Simmons, 
Pastor of the First Baptist Church, Hillsborough, North Carolina: 

Almighty God, our Heavenly Father: We stand with bowed heads and 
reverent hearts to acknowledge Thee as our God. Grateful are we for the 
blessings of the past. Sincerely desirous are we of Thy continued blessings. 

We are grateful for these who have offered themselves, with their varied 
talents and abilities, to serve in the Senate of this General Assembly of 
our State. 

We thank Thee for the presiding officer of this body. We thank Thee 
for his life, his ability and dedication to good government. Be with him as 
he presides over this body in his usual kind, impartial and efficient manner. 
May Thy spirit guide him and Thy blessings be upon him. 

We thank Thee for the members of this body, for their willingness to 
serve Thee in this branch of our government. Grant unto each of them 
wisdom, integrity, fidelity and courage as they fulfill the responsibilities 
of their office to Thee and to the people of our State. 

We pray, our Father, not only for the officers and members of this group 
but for all the people of the great State of North Carolina. Grant that we 
may fulfill our responsibilities of citizenship. Grant that in this new year 
we may have the blessings of Peace, Progress and Prosperity. 

This our prayer we make in the name of Jesus Christ Our Lord. Amen. 

The roll of the Senate is called and the following Senators-elect appear 
with the proper certificates of election and take and subscribe to the follow- 
ing oath of office, which is administered by Chief Justice R. Hunt Parker 
of the North Carolina Supreme Court: 

"I solemnly swear or affirm that I will support the Constitution and laws 
of the United States, and I do solemnly and sincerely swear or affirm that 
I will be faithful and bear true allegiance to the State of North Carolina, 
and to the constitutional powers and authorities which are or may be 
established for the government thereof; and that I will endeavor to support, 
maintain, and defend the Constitution of said State, not inconsistent with 
the Constitution of the United States to the best of my knowledge and 



6 SENATE JOURNAL [Session 

ability; and I do solemnly and sincerely swear or affirm that I will faith- 
fully discharge my duties as a member of the Senate of the 1969 General 
Assembly of the State of North Carolina to the best of my skill and ability, 
according to law, so help me, God." 

To which oath each of the following Senators answer, "I do." 

First District — J. J. Harrington and George M. Wood 

Second District — Edgar J. Gurganus 

Third District — Norris C. Reed, Jr. 

Fourth District — Julian R. Allsbrook and Vernon E. White 

Fifth District — Charles H. Larkins, Jr. 

Sixth District — Albert J. Ellis 

Seventh District — Edward F. Griffin 

Eighth District — J. Marvin Johnson and J. Russell Kirby 

Ninth District — Lindsay C. Warren, Jr. 

Tenth District — Stewart B. Warren 

Eleventh District — Gordon P. Allen and Claude Currie 

Twelfth District — J. Ruffin Bailey and Jyles J. Coggins 

Thirteenth District — William W. Staton 

Fourteenth District — John T. Henley and N. Hector McGeachy, Jr. 

Fifteenth District — Sankey W. Robinson 

Sixteenth District — Frank R. Penn 

Seventeenth District — Ralph H. Scott 

Eighteenth District — Hargrove (Skipper) Bowles, Elton Edwards and 
Coolidge Murrow 

Nineteenth District — W. D. James and William P. Saunders 

Twentieth District — Hector MacLean 

Twenty-first District — Fred Folger, Jr. 

Twenty-second District — Harry Bagnal and Geraldine R. Nielson 

Twenty-third District— Ode\l Sapp 

Twenty-fourth District — John R. Boger, Jr. and Frank N. Patterson, Jr. 

Twenty-fifth District — Thomas Rhudy Bryan, Sr. 

Twenty-sixth District — Norman H. Joyner and J. Reid Poovey 

Twenty -seventh District — Martha W. Evans, Charles K. Maxwell and 
Herman A. Moore 

Twenty-eighth District — David T. Flaherty 

Twenty-ninth District — Marshall A. Rauch and Jack H. White 

Thirtieth District — Clyde M. Norton 

Thirty-first District — Bruce B. Briggs and R. T. Dent 

Thirty-second District — Carroll W. Wilkie 

Thirty-third District — Herman H. West 

The President announces that the oath of office was administered to 
Senator John J. Burney, Jr. of the Tenth District in Wilmington this morn- 
ing by the Honorable Elbert S. Peel, Jr., Judge of the Second District Court. 

The President announces that a quorum of all Senators is present, and 
that the Senate is ready to proceed with the election of officers. 

ELECTION OF OFFICERS 

For President Pro Tempore of the Senate, Senator L. Warren of Wayne 
places in nomination Senator N. Hector McGeachy, Jr. of Cumberland 
County. 



1969] SENATE JOURNAL 7 

Senators Bagnal, Henley, Wood and Norton second the nomination. 

There being no further nominations, the roll of the Senate is called. 

Those voting for Senator McGeachy are: Senators Allen, Allsbrook, 
Bagnal, Bailey, Boger, Bowles, Briggs, Bryan, Coggins, Currie, Dent, Ed- 
wards, Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, 
James, Johnson, Joyner, Kirby, Larkins, MacLean, Maxwell, Moore, Murrow, 
Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson, Sapp, 
Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of Wayne, 
West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48. 

Senator McGeachy votes "present". 

Senator McGeachy having received the unanimous vote of the Senators 
is declared duly elected. 

The President appoints Senators Henley and Scott to escort President 
Pro Tempore McGeachy to the well of the Senate, where he is administered 
the prescribed oath of office by Chief Justice R. Hunt Parker of the North 
Carolina Supreme Court. 

For Principal Clerk of the Senate, Senator S. Warren of Sampson places 
in nomination the name of Roy Rowe of Pender County. 

Senators Flaherty and MacLean second the nomination. 

There being no further nominations, the roll of the Senate is called. 

Those voting for Mr. Rowe are: Senators Allen, Allsbrook, Bagnal, Bailey, 
Boger, Bowles, Briggs, Coggins, Currie, Dent, Edwards, Ellis, Evans, 
Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, James, Johnson, 
Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy, Moore, Murrow, 
Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson, Sapp, 
Saunders, Scott, Station, S. Warren of Sampson, L. Warren of Wayne, 
West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48. 

Mr. Rowe having received the unanimous vote of the Senators is de- 
clared duly elected and he takes the prescribed oath of office, which is 
administered by Associate Justice J. Frank Huskins of the North Carolina 
Supreme Court. 

For Reading Clerk of the Senate, Senator Bailey places in nomination 
W. Eugene Simmons of Edgecombe County. 

Senators Nielson and Ellis second the nomination. 

There being no further nominations, the roll of the Senate is called. 

Those voting for Mr. Simmons are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Coggins, Currie, Dent, Edwards, Ellis, Evans, 
Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, James, Johnson, 
Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy, Moore, Murrow, 
Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson, Sapp, 
Saunders, Scott, Station, S. Warren of Sampson, L. Warren of Wayne, 
West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48. 

Mr. Simmons having received the unanimous vote of the Senators is de- 
clared duly elected and he takes the prescribed oath of office, which is 
administered by Associate Justice I. Beverly Lake of the North Carolina 
Supreme Court. 

For Sergeant-at-Arms of the Senate, Senator Bailey places in nomination 
Brooks W. Poole of Wake County. 



8 SENATE JOURNAL [Session 

Senator Briggs seconds the nomination. 

There being no further nominations, the roll of the Senate is called. 

Those voting for Mr. Poole are: Senators Allen, Allsbrook, Bagnal, Bailey, 
Boger, Bowles, Briggs, Coggins, Currie, Dent, Edwards, Ellis, Evans, 
Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, James, Johnson, 
Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy, Moore, Murrow, 
Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson, Sapp, 
Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of Wayne, West, 
J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48. 

Mr. Poole having received the unanimous vote of the Senators is declared 
duly elected, and he takes the prescribed oath of office, which is administered 
by Associate Justice I. Beverly Lake of the North Carolina Supreme Court. 

A message is ordered sent to the House of Representatives informing 
that Honorable Body that the Senate is organized and ready to proceed 
with public business. 

Senator Briggs announces that the Republican caucus has elected Senator 
Bagnal of Forsyth County as the Minority Party leader. 

Upon motion of Senator McGeachy, the Rules of the 1967 Senate of the 
General Assembly are unanimously adopted as the temporary rules of the 
1969 Session. 



APPOINTMENT OF COMMITTEE 

The President announces the appointment of the following standing com- 
mittee : 

Committee on Rules: Senators McGeachy, Chairman; Moore, Vice Chair- 
man; Dent, Vice Chairman; Bagnal, Bailey, Burney, Edwards, Ellis, Norton, 
J. White of Cleveland. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator McGeachy: S. J. R. 1, a joint resolution relative to the 
inauguration of the Honorable Robert W. Scott as Governor of North Caro- 
lina; and informing His Excellency, Governor Robert W. Scott, that the 
General Assembly is organized and ready to proceed with public business 
and inviting the Governor to address a Joint Session of the Senate and 
House of Representatives at 12:30 p.m., Wednesday, January 22, 1969. 

Upon motion of Senator McGeachy, the rules are suspended and the 
resolution is placed upon its immediate passage. 

Passes its second and third readings and is ordered sent to the House of 
Representatives, by special messenger. 

By Senators Bowles, L. Warren of Wayne, Rauch and Scott: S. B. 2, a 
bill to establish a system of youth councils that will provide the youth of 
North Carolina an opportunity to develop leadership skills and become 
responsible citizens. 

Referred to Committee on Rules, pending appointment of committees. 



1969] SENATE JOURNAL 9 

By Senator Johnson: S. B. 3, a bill amending Chapter 151 of the General 
Statutes so as to authorize constables to serve criminal and civil process, 
and authorizing county commissioners to fix the salaries of constables. 

Referred to Committee on Local Government. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representa- 
tives : 

January 15, 1969 
Mr. President : 

It is ordered that a message be sent to the Senate informing that Honor- 
able Body that the House of Representatives is organized and is now 
ready to proceed with the public business, and for your information advises 
that the following officers have been elected : 

Speaker Earl W. Vaughn 

Principal Clerk Jo Ann Smith 

Reading Clerk Sam J. Burrow, Jr. 

Sergeant-at-Arms Archie T. Lane 

Respectfully, 

Jo Ann Smith, Principal Clerk 

The President grants leave of absence to Senator Burney for today and 
to Senator Currie for tomorrow, January 16, 1969. 

The President extends the courtesies of the galleries to the Honorable 
Dan K. Moore, former Governor of North Carolina, and to former Senator 
Thomas J. White of Lenoir County. 

The President extends the courtesies of the floor to former Senators 
Gilmore of Moore County, Bridgers of Edgecombe County, Hightower of 
Anson County and Humber of Pitt County. 

Upon motion of Senator Allsbrook, the President extends the courtesies 
of the floor to the Honorable John D. Larkins, United States District Judge 
for the Eastern District of North Carolina and uncle of Senator Charles H. 
Larkins, Jr. of Lenoir County. 

Upon motion of Senator McGeachy, the President extends the courtesies 
of the floor to Mrs. H. Patrick Taylor, Jr. 

The President extends the courtesies of the floor to the following dis- 
tinguished guests from Anson County: the Honorable A. Paul Kitchin, 
former member of Congress, and Mrs. Kitchin; Miss Jane Pratt, first 
woman member of Congress from North Carolina; Mr. Linn D. Garibaldi, 
former Chairman of the North Carolina Prison Commission; the Honorable 
T. Lamar Caudle, former United States Assistant Attorney General; the 
Honorable Hal Little, former member of the House of Representatives; 
Sheriff Edward Jarman; Miss Hazel Tice, Register of Deeds; Mr. F. J. 
Cloud, Jr., Chairman, Board of County Commissioners; the Honorable R. E. 
Little, Mayor of Wadesboro; Mr. O'Neill Jones; and Mr. Herman Hardison. 

Upon motion of Senator Allsbrook, the Senate adjourns in honor of the 
memory of the late beloved S. Ray Byerly of Lee County, Principal Clerk 
of the Senate from 1937 through 1967, to meet tomorrow at 12 M. 



10 SENATE JOURNAL [Session 

SECOND DAY 

Senate Chamber, 
Thursday, January 16, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Pastor, Western 
Boulevard Presbyterian Church, Raleigh. 

Senator McGeachy for the Committee on Rules announces that the 
Journal of yesterday has been examined and found to be correct, and upon 
his motion the reading of the Journal is dispensed with and it stands ap- 
proved as written. 

The President grants leave of absence to Senator Saunders for today, 
January 16, and to Senator Harrington for today and tomorrow, January 
16 and 17. 

The President grants leave of absence to Senators Gurganus, Staton and 
Griffin for tomorrow, January 17, 1969. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator McGeachy: S. R. 4, a resolution to allocate funds for certain 
telephone and postage requirements for members of the Senate. 

Referred to Committee on Rules. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time, and dis- 
posed of as follows: 

H. J. R. 2, a joint resolution honoring Mrs. John B. Spilman, Sr. for her 
outstanding service as executive director of the North Carolina Mental 
Health Association. 

Referred to Committee on Rules. 

special message from the house of representatives 

House of Representatives, 
Thursday, January 16, 1969. 
Mr. President: 

It is ordered that a message be sent to your Honorable Body with the 
information that pursuant to S. J. R. 1, "a joint resolution relative to the 
inauguration of the Honorable Robert W. Scott as Governor of North Caro- 
lina; and informing His Excellency, Governor Robert W. Scott, that the 
General Assembly is organized and ready to proceed with public business 
and inviting the Governor to address a Joint Session of the Senate and 
House of Representatives at 12:30 p.m., Wednesday, January 22, 1969", the 
Speaker has appointed on the part of the House of Representatives to 



1969] SENATE JOURNAL 11 

serve with a like Committee of the Senate, Representatives Baugh, Bum- 
gardner and Fenner. 

Respectfully, 

Jo Ann Smith, Principal Clerk 

Upon motion of Senator Allsbrook, the Senate adjourns in honor of the 
memory of the Honorable T. Clarence Stone, former member of the Senate 
and presiding officer of the Senate in the 1963 Session of the General As- 
sembly, to meet tomorrow morning at 10 o'clock. 



THIRD DAY 



Senate Chamber, 
Friday, January 17, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutentant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Pastor, Western 
Boulevard Presbyterian Church, Raleigh. 

Senator Moore for the Committee on Rules announces that the Journal 
of yesterday has been examined and found to be correct, and upon his 
motion the reading of the Journal is dispensed with and it stands approved 
as written. 

Senator McGeachy announces that the proposed rules for the 1969 Session 
have been placed on each member's desk and that these will be taken up 
for consideration at the session of Tuesday, January 21, 1969. 

The President grants leave of absence to Senator White of Cleveland for 
today, and to Senators Bagnal and Murrow for Monday, January 20, 1969. 

Upon motion of Senator Bowles, the President extends the courtesies of 
the galleries to Mayor Pro Tempore Forest Campbell of Greensboro. 

The President appoints Senators Penn, Allsbrook, Bowles, Currie and 
Scott to represent the Senate; and Mr. W. Eugene Simmons, Reading 
Clerk, to represent the Senate staff at the funeral of the Honorable T. 
Clarence Stone, former President of the Senate. 

The President appoints Senators Evans, Rauch and White of Cleveland 
to represent the Senate at the funeral of Mrs. 0. Max Gardner. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator Bailey: S. B. 5, a bill to make certain technical and clarifying 
amendments to General Statutes Chapter 9, "Jurors". 

Referred to Committee on Courts and Judicial Districts. 

By Senator Flaherty: S. B. 6, a bill to amend Section 7 of Chapter 413 
of 1963 Session Laws, relating to the town of Morganton Board of Alcoholic 
Beverage Control, so as to increase the share of net profits allocable to 
finding alcoholism causes and cures and to broaden scope of activities 
authorized therefor and for other purposes. 



12 SENATE JOURNAL [Session 

Referred to Committee on Alcoholic Beverage Control. 

By Senator Edwards: S. B. 7, a bill to protect children through licensing 
of day-care facilities and other limited regulation. 

Referred to Committee on Rules (pending re-referral). 

By Senator McGeachy: S. J. R. 8, a joint resolution authorizing an 
official delegation to represent the General Assembly at the funeral of the 
Honorable T. Clarence Stone. 

Upon motion of Senator McGeachy, the rules are suspended and the bill 
is placed upon its immediate passage. 

Passes its second and third readings and is ordered sent to the House 
of Representatives by special messenger. 

Upon motion of Senator West, the Senate adjourns to meet tomorrow 
morning at 9:30 o'clock, at which time only Public Local bills will be con- 
sidered, and adjournment will be until Monday evening at 8 o'clock. 



FOURTH DAY 

Senate Chamber, 
Saturday, January 18, 1969. 

The Senate meets pursuant to adjournment, and in the absence of 
Lieutenant Governor H. Patrick Taylor, Jr. and President Pro Tempore 
N. Hector McGeachy, Jr., the Principal Clerk, Roy Rowe, calls Senator 
Coggins to the Chair, who calls the Senate to order and presides during 
the Session. 

Prayer is offered by Senator Coggins. 

Senator Coggins for the Committee on Rules announces that the Journal 
of yesterday has been examined and found to be correct, and upon his 
motion the reading of the Journal is dispensed with and it stands ap- 
proved as written. 

Upon motion of Senator Bailey, the Senate adjourns to meet Monday 
evening at 8 o'clock. 



FIFTH DAY 



Senate Chamber, 
Monday, January 20, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend W. W. Finlator, Pastor of Pullen 
Memorial Baptist Church, Raleigh. 

Senator Wood announces that the Journal of Saturday has been examined 
and found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

The President grants leave of absence to Senators Allen and Scott for 
tonight and to Senator Harrington for tonight and for tomorrow. 



1969] SENATE JOURNAL 13 

The President grants leave of absence to Senator Staton for tomorrow, 
January 21, 1969. 

The President grants leave of absence for the entire week — January 20 
through January 25 — to Senator Bryan who is confined to Wilkes General 
Hospital, North Wilkesboro, with pneumonia. 

The President extends the courtesies of the galleries to Attorney General 
Robert B. Morgan and members of his staff. 

Upon motion of Senator Bailey, the President extends the courtesies of 
the galleries to Girl Scout Troop No. 283 of Aldert Root School, Raleigh. 

Pursuant to Joint Resolution 1, the President of the Senate appoints 
Senator Burney of New Hanover and Senator Henley of Cumberland to 
notify His Excellency, Robert W. Scott, Governor, that the Senate is 
organized and to invite him to address a Joint Session pursuant to the 
resolution. 

APPOINTMENTS 

The President announces the appointment of the following standing 
committees: 

Committee on Appropriations: Senators L. Warren of Wayne, Chairman: 
Allen, Allsbrook, Bagnal, Bailey, Boger, Burney, Coggins, Dent, Edwards, 
Flaherty, Folger, Gurganus, Harrington, Henley, James, Larkins, MacLean, 
Moore, Murrow, Norton, Poovey, Rauch, Reed, Robinson, Sapp, Saunders, 
West, V. White of Pitt. 

Committee on Finance: Senators Scott, Chairman; J. White of Cleveland, 
Vice-Chairman; Bowles, Vice-Chairman; Briggs, Bryan, Currie, Ellis, Evans, 
Griffin, Johnson, Joyner, Kirby, McGeachy, Maxwell, Nielson, Patterson, 
Penn, Staton, S. Warren of Sampson, Wilkie, Wood. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. J. R. 1, a joint resolution relative to the inauguration of the Honorable 
Robert W. Scott as Governor of North Carolina; and informing His Ex- 
cellency, Governor Robert W. Scott, that the General Assembly is organized 
and ready to proceed with public business and inviting the Governor to 
address a Joint Session of the Senate and House of Representatives at 
12:30 p.m., Wednesday, January 22, 1969. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator Flaherty: S. B. 9, a bill to repeal Chapter 338 of the Session 
Laws of 1963 relating to the boundary lines of the Lenoir School Admini- 
strative Unit. 

Referred to Committee on Local Government. 

By Senator Bowles: S. J. R. 10, a joint resolution congratulating the 
Greensboro, North Carolina Jaycees. 



14 SENATE JOURNAL [Session 

Upon motion of Senator Bowles, the rules are suspended and the bill is 
placed upon its immediate passage. 

Passes its second and third readings and is ordered sent to the House 
of Representatives by special messenger. 

By Senators Evans, Rauch and J. White of Cleveland: S. J. R. 11, a 
joint resolution honoring the memory of an active and gracious lady, 
Mrs. 0. Max Gardner. 

Upon motion of Senator Evans, the rules are suspended and the bill is 
placed upon its immediate passage. 

Passes its second and third readings and is ordered sent to the House of 
Representatives by special messenger. 

By Senators Nielson, Bagnal and Briggs: S. R. 12, a Senate resolution 
to revise Senate Rule 40. 

Referred to Committee on Rules. 

By Senators Bowles and Rauch: S. B. 13, a bill to amend General Statutes 
163-147 so as to prohibit electioneering within 500 yards of a voting place. 

Referred to Committee on Election Laws. 

Upon motion of Senator Burney, the Senate adjourns to meet tomorrow 
at 12:00 M. 



SIXTH DAY 



Senate Chamber, 
Tuesday, January 21, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Right Reverend Thomas A. Fraser, Bishop of 
the Episcopal Diocese of North Carolina. 

Senator Dent for the Committee on Rules announces that the Journal 
of yesterday has been examined and found to be correct, and upon his 
motion the reading of the Journal is dispensed with and it stands approved 
as written. 

The President extends the courtesies of the galleries to Mrs. Ann Bagnal, 
wife of Senator Bagnal. 

Upon motion of Senator Currie, the courtesies of the galleries are ex- 
tended to the fifth grade of Hoke Elementary School, Durham. 

The President extends the courtesies of the floor to the Honorable Thad 
Eure, Secretary of State. 

Senator McGeachy for the Committee on Rules submits the following 
report: 

Senate Rules, Session 1969 

Order of Business 

Rule 1. Rules controlling the Senate of North Carolina and its commit- 
tees. — The following rules shall govern and control all actions and pro- 
cedures of the Senate and its committees. 



1969] SENATE JOURNAL 15 

Rule 2. Convening hour. — The President shall take the chair, at the 
hour fixed by the Senate upon adjournment on the preceding legislative 
day, and shall call the members to order. In case the Senate adjourned 
on the preceding legislative day without having fixed the hour of reconven- 
ing, the Senate shall reconvene on the next legislative day at 12:00 noon. 

Rule 3. Opening the session — The President shall, upon order being 
obtained, have the sessions of the Senate opened with prayer. 

Rule 4. Convening in absence of President. — In the absence of the 
President, the President pro tempore shall reconvene the Senate and pre- 
side, and during such time shall be vested with all powers of the President 
except that of casting a vote in case of tie when he shall have voted as a 
Senator. And in the event of the absence of the President and President 
pro tempore at any time fixed for the reconvening of the Senate, the 
Principal Clerk of the Senate, or in his absence also, some member of the 
Senate Committee on Rules, shall call the Senate to order and designate 
some member to act as President. 

Rule 5. — Quorum. — (a) A quorum consists of a majority of all the quali- 
fied members of the Senate. 

(b) When a lesser number than a quorum convene, the Senators present 
may send the doorkeeper or any person, for any or all absent Senators, 
as a majority of the Senators present determine. 

Rule 6. Approval of Journal. — After the prayer, and upon appearance 
of a quorum, the President shall cause the Journal of the preceding day 
to be read and approved, unless the Chairman of the Committee on Rules 
or some member of the Senate by motion sustained by a majority of the 
members present, have the reading thereof dispensed with and the same 
approved as written. 

Rule 7. Order of Business. — After approval of the Journal, the order of 
business shall be as follows: 

(1) Reports of standing committees. 

(2) Reports of select committees. 

(3) Introduction of bills, petitions, and resolutions. 

(4) Messages from the House of Representatives. 

(5) Unfinished business of preceding day. 

(6) Special orders. 

(7) General Orders — First, local bills on third reading roll call, then 
local bills on second reading roll call. After that the viva voce second 
reading local calendar in numerical order, taking up the Senate bills in 
first order. After disposition of the local calendar, the public calendar of 
bills will be considered in the same order, that is: 

(a) Third reading roll call bills. 

(b) Second reading roll call bills. 

(c) Second reading bills to be considered viva voce, with Senate bills 
taking precedence in order over House bills. 

But messages from the Governor and House of Representatives and 
communications and reports from State officers and reports from the Com- 
mittee on Rules may be received and acted on under any order of business. 



16 SENATE JOURNAL [Session 

Conduct of Debate 

Rule 8. President to maintain order. — The President shall have general 
direction of the Hall of the Senate and shall be authorized to take such 
action as is necessary to maintain order, and in case of any disturbance or 
disorderly conduct in the galleries or lobbies, he shall have the power to 
order the same cleared. 

Rule 9. Substitution for president. — The President shall have the right 
to call on any member to perform the duties of the Chair, but substitution 
shall not extend beyond one day. 

Rule 10. Points of order. — (a) The President shall preserve order and 
decorum and proceed with the business of the Senate according to the 
rules adopted. He shall decide all questions of order, subject to an appeal 
to the Senate by any member, on which appeal no member shall speak 
more than once unless by leave of the Senate. A two-thirds vote of the 
members present is necessary to sustain any appeal from the ruling of 
the Chair. 

(b) In the event the Senate Rules do not provide for, or cover any point 
of order raised by any Senator, the rules of the United States House of 
Representatives shall govern. 

(c) When a Senator is called to order he shall take his seat until the 
President determines whether he was in order or not; if decided to be out 
of order, he shall not proceed without the permission of the Senate; and 
every question of order shall be decided by the President, subject to an 
appeal to the Senate by any Senator; and if a Senator is called to order 
for words spoken, the words excepted to shall be immediately taken down 
in writing, that the President or Senate may be better able to judge of 
the matter. 

Rule 11. Debating and voting by Lieutenant Governor. — The Lieutenant 
Governor, as President of the Senate, being a Constitutional Officer shall 
not have the right to debate any question or to address the Senate upon 
any proposition unless by permission of the majority of members present, 
and shall have the right to vote only when there is a tie vote upon any 
question or election. 

Rule 12. Obtaining recognition. — (a) When any Senator is about to 
speak in debate or deliver any matter to the Senate, he shall rise from his 
seat and respectfully address the President. No member shall speak until 
recognized by the President, and when two or more members rise at the 
same time, the President shall name the member to speak. 

(b) A Senator who has the floor may yield the floor to another Senator 
only for the purpose of allowing another Senator to state a question. Only 
the Chair may award the floor to any Senator for the purposes of allowing 
that Senator to engage in general debate. 

Rule 13. Recognition for extending courtesies. — Courtesies of the floor 
and galleries shall be extended only by the President on his own motion or 
upon the written request of a member of the Senate to former members of 
the General Assembly or to visiting distinguished visitors. 

Members may designate Honorary Pages by a statement delivered to 
the Principal Clerk who will have a certificate issued therefor. 



1969] SENATE JOURNAL 17 

The President may upon written request at intervals between various 
orders of business extend courtesies to schools or other special large groups 
visiting in the galleries while they are present, and the President shall, at 
such times as he deems appropriate, express to those visitors in the 
galleries the pleasure of the Senate for their presence. 

Rule 14. Limitations on individual debate. — (a) No Senator shall speak 
or debate more than three times nor longer than forty-five minutes on the 
same day on the same subject without leave of the Senate. 

(b) By permission of the President any member of the Senate may 
address the Senate from the lectern located on the floor before the dais 
for the purpose of explaining a bill or resolution, stating a point of personal 
privilege or for the purpose of debate. 

Rule 15. Priority of business. — All questions relating to priority of 
business shall be decided without debate. 

Rule 16. Reading of papers. — When the reading of a paper, other than 
a petition, is called for, and any Senator objects to the reading, the ques- 
tion shall be determined by the Senate without debate. 

Rule 17. General decorum.— (a) Senators and visitors shall uncover 
their heads upon entering the Senate Chamber while the Senate is in 
session and shall continue uncovered during their continuance in the 
Chamber, unless one's religion requires their heads to be covered. 

(b) No remark reflecting personally upon the action of any Senator 
shall be in order upon the floor of the Senate unless preceded by a motion 
or resolution of censure. 

(c) When the President is putting a question, or a division by counting 
is in progress, no Senator shall walk out of or across the Chamber, nor 
when a Senator is speaking, pass between him and the President. 

(d) When a motion to adjourn or for recess is affirmatively determined, 
no member or officer shall leave his place until adjournment or recess is 
declared by the President. 

(e) Smoking shall not be allowed on the floor or galleries of the Senate 
during Sessions. 

Motions 

Rule 18. Motions generally. — All motions shall be reduced to writing, if 
desired by the President or a Senator, delivered at the table, and read by 
the President or Reading Clerk before the same are debated; but any 
motion may be withdrawn by the introducer at any time before decision 
or amendment. 

Rule 19. Motions. — Order of precedence. — When a question is before 
the Senate no motion shall be received except those herein specified, which 
motions shall have precedence as follows, viz: 

(1) To adjourn. 

(2) To lay on the table. 

(3) For the previous question. 

(4) To postpone indefinitely. 

(5) To postpone to a certain day. 



18 SENATE JOURNAL [Session 

(6) To commit to a standing committee. 

(7) To commit to a select committee. 

(8) To amend. 

(9) To substitute. 

Rule 20. Motions to adjourn and to lay on the table. — The motions to 
adjourn and to lay on the table shall be decided without debate, and the 
motion to adjourn shall always be in order when made by a Senator 
entitled to the floor. 

Rule 21. Motions to postpone to certain day and to commit. — The re- 
spective motions to postpone to a certain day, or to commit to a standing 
or select committee, shall preclude debate on the main question. 

Rule 22. Action when previous question pending. — When a motion for 
the previous question is made and is pending, debate shall cease. After a 
motion for the previous question is made, pending a second thereto, any 
member may give notice that he desires to offer an amendment to the bill 
or other matter under consideration; and after the previous question is 
seconded such member shall be entitled to offer his amendment in pursuance 
of such notice. 

Rule 23. Motion for previous question. — The previous question shall be 
as follows: "Shall the main question be now put?" and until it is decided 
shall preclude all amendments and debate. If this question is decided in 
the affirmative, the "main question" shall be on the passage of the bill, 
resolution, or other matter under consideration; but when amendments are 
pending, the question shall be taken upon such amendments in their inverse 
order, without further debate or amendment: Provided, that no one shall 
move the previous question except the member submitting the report on 
the bill or other matter under consideration, and the member introducing 
the bill or other matter under consideration or the member in charge of 
the measure, who shall be designated by the chairman of the committee 
reporting the same in the Senate at the time the bill or other matter under 
consideration is reported to the Senate or taken up for consideration. 

Rule 24. Motion to reconsider. — When a question has been put and 
decided, any Senator who voted in the majority may move to reconsidera- 
tion thereof; but no motion for the reconsideration of any vote shall be in 
order after the bill, resolution, message, report, amendment, or motion 
upon which the vote was taken has gone out of the possession of the 
Senate; nor shall any motion for reconsideration be in order unless made 
on the same day or in the next following legislative day on which the 
vote proposed to be reconsidered took place, unless the motion is made by 
the Committee on Rules for verbal or grammatical errors in the bills, when 
the motion may be made at any time: Provided, that when the next legisla- 
tive day has by motion of the Senate, been restricted as to matters which 
may be considered, a motion to reconsider shall be in order on the next 
succeeding day upon which regular business is conducted. No question shall 
be reconsidered more than once. 

Voting 

Rule 25. Putting question; division. — All questions for a vote shall be 
put as follows: "Those in favor say 'Aye', and after the affirmative vote is 



1969] SENATE JOURNAL 19 

expressed — "Opposed 'No'." After which the President will announce the 
result. If a division on any vote is desired, it must be called for immediately 
before the result of the voting is announced on any question, and upon 
such call, the President shall require the members to stand and be counted 
for and against any proposition under consideration. 

Rule 26. Voting by ayes and noes. — The ayes and noes may be called 
for on any question before the vote is taken, and if the call is sustained 
by one-fifth of the Senators present, the roll of the Senate shall be called 
and the ayes and noes taken, and the same shall be entered upon the 
Journal. If a Senator desires the ayes and noes recorded on any question, 
he shall address the Chair and obtain recognition and say, "Upon that vote 
or question I call for the ayes and noes." Whereupon the President shall 
say, "Is the call sustained?" If one-fifth of the members present then stand 
the roll is called and the ayes and noes recorded. If less than one-fifth 
present stand, the Chair announces, "An insufficient number up" and a viva 
voce vote is then taken. 

Rule 27. Dividing question. — If any question contains several distinct 
propositions, it shall be divided by the President, at the request of any 
Senator, provided each subdivision, if left to itself, forms a substantive 
proposition. 

Rule 28. Duty to vote. — Every Senator who is within the bar of the 
Senate when the question is stated by the chair shall vote thereon, unless 
he is excused by the Senate or unless he is directly interested in the ques- 
tion; and the bar of the Senate shall include the entire Senate chamber. 

Rule 29. Excused from voting. — Any Senator requesting to be excused 
from voting may make, either immediately before or after the vote has 
been called for and before the result has been announced, a brief statement 
of the reasons for making such request, and the question shall then be 
taken without debate. 

Rule 30. Explanation of vote.- — Any Senator may explain his vote on 
any bill pending by obtaining permission of the President before the vote 
is put: Provided, that not more than three minutes shall be consumed in 
such explanation. 

Committees 

Rule 31. Appointment of Committees. — The President of the Senate, 
unless he has by law disqualified himself from that office, shall have the 
exclusive right and authority to appoint all committees, regular or select, 
and to appoint Committee Chairmen and Vice-Chairmen, and he is specifi- 
cally authorized to appoint four Chairmen of four Subcommittees of the 
Committee on Appropriations; but he may delegate said authority in any 
instance, as he may choose. Upon the recommendation of the Committee 
on Rules the Senate may authorize additional standing committees. 

Rule 32. List of standing committees. — The standing committees shall 
be: 

1. Agriculture 

2. Alcoholic Beverage Control 



20 SENATE JOURNAL [Session 

3. Appropriations, consisting of four subcommittees: 

(a) Appropriations subcommittee on Health, Welfare and Institu- 
tional Care. 

(b) Appropriations subcommittee on Education. 

(c) Appropriations subcommittee on General Government and Trans- 
portation. 

(d) Appropriations subcommittee on Personnel and Long-range Plan- 
ning. 

4. Banking 

5. Constitution 

6. Conservation and Development 

7. Correctional Institutions and Law Enforcement 

8. Courts and Judicial Districts 

9. Education 

10. Election Laws 

11. Finance 

12. Higher Education 

13. Highway Safety 

14. Insurance 

15. Judiciary No. 1 

16. Judiciary No. 2 

17. Libraries 

18. Local Government 

19. Manufacturing, Labor and Commerce 

20. Mental Health 

21. Personnel and Employment Programs 

22. Public Health 

23. Public Roads 

24. Public Utilities 

25. Public Welfare 

26. Rules 

27. State Government 

28. University Trustees 

29. Veterans and Military Affairs 

30. Wildlife 

Rule 33. Notice of Committee meetings. — Public notice of all committee 
meetings shall be given in the Senate. The required notice may be waived 
as to any meeting by the attendance at that meeting of all the members of 
committee, or by personal waiver. 

Rule 34. Membership of committees; quorum. — Membership on standing 
committees shall consist of not more than fifteen or less than eight Sena- 
tors, including the Chairman and Vice Chairman who shall be designated 
by the President: Provided the committee membership on the Committee 
on Appropriations and the Committee on Finance shall not be limited as to 



1969] SENATE JOURNAL 21 

membership but shall be left to the discretion of the President. No Senator 
shall hold membership on more than seven standing committees unless the 
Committee on Rules provides otherwise. A quorum of any committee shall 
consist of a majority of the committee. 

Rule 35. Roll Call vote in committee. — No roll call vote may be taken 
in any committee. 

Rule 36. Committee Meetings. — No committee or subcommittee shall 
hold a secret meeting, and all meetings of committees and subcommittees 
shall be open to the public: Provided, that any committee or subcommittee 
has the inherent right to hold an executive session when it determines that 
it is absolutely necessary to have such a session in order to prevent personal 
embarrassment, or when it is in the best interest of the State; and in no 
event shall final action be taken by any committee or subcommittee except 
in open session. 

Handling Bills 

Rule 37. Construction of rules. — All provisions of these rules applying 
to bills shall apply also to resolutions, memorials and petitions. 

Rule 38. Introduction of bills. — (a) Bills submitted for introduction shall 
be in the form prescribed by the Committee on Rules. When a bill which is 
introduced is not in the prescribed form, the Principal Clerk shall cause 
the bill to be retyped in the prescribed form, and the retyped copy shall be- 
come the official copy of the bill for all purposes. The original bill shall 
then be returned to the introducer of the bill and shall not become a part 
of the records or documents of the Senate. 

(b) Whenever a bill is introduced, twenty copies shall be submitted to 
the Principal Clerk. Any bill submitted without the required number of 
copies shall be immediately returned to the introducer. 

Rule 39. Presenting papers to Senate. — Every bill, presented to the 
Senate shall contain on the outside cover the title of the document and the 
name of the Senator or Senators presenting it. All bills shall be delivered 
to the Principal Clerk who shall hand them to the President to be re- 
ferred. The President shall announce the titles and references of the 
documents, and this information shall be entered on the Journal. 

Rule 40. Deadline on introduction of certain bills. — All bills prepared 
to be introduced by departments, agencies or institutions of the State must 
be introduced in the Senate not later than March 22 of the session. All 
local bills must be introduced not later than March 15 of the session. 

Rule 41. References of appropriations and finance bills. — All bills in- 
troduced in the Senate providing for appropriations from the State, or any 
subdivision thereof, shall, before being considered by the Senate be referred 
to the Committee on Appropriations, and bills referred to other committees 
carrying any such provisions shall be re-referred to the Senate as being 
bills to be considered by the Appropriations Committee before proper action 
may be taken by the Senate. All bills introduced in the Senate providing for 
bond issues, levying taxes, or in any manner affecting the taxing power of 
the State or any subdivision thereof, shall before being considered by the 
Senate, be referred to the Committee on Finance, and bills referred to other 



22 SENATE JOURNAL [Session 

committees carrying any such provisions shall be re-referred to the Senate 
as being bills to be considered by the Finance Committee before proper 
action may be taken by the Senate. 

Rule 42. First reading: reference to committee. — All bills shall be read 
by their titles, which reading shall constitute the first reading of the bills, 
and unless otherwise disposed of shall be referred to the proper committee. 

Rule 43. Bills to receive three readings. — Every bill shall receive three 
readings previous to being passed, and the President shall give notice at 
each whether it be the first, second, or third. After the first reading, unless 
a motion is made by some Senator, the President shall refer the bill to an 
appropriate committee. No bill shall be amended upon the floor of the 
Senate until it has been twice read. 

Rule 44. Reports of Committees. — Every Senator presenting a report 
of a committee shall endorse the report with the name of the committee 
and, in case of a minority report, with the names of the members making 
the report. The report of the committee shall show that a majority of the 
committee were present and voted. Every report of the committee upon a 
bill or resolution shall stand upon the general orders with the bill or 
resolution. 

Rule 45. Unfavorable report by committee. — (a) All bills reported un- 
favorably by the committee to which they were referred, and having no 
minority report, shall lie upon the table, but may be taken from the table, 
and placed upon the calendar by a two-thirds vote of those present and 
voting. 

(b) When a bill is reported by a committee with an unfavorable report, 
but accompanied by a minority report, signed by at least three members 
of the committee who were present and who voted on the bill when the bill 
was considered in committee, then the minority report shall be placed on 
the calendar and considered the following day, and the question before 
the Senate shall be "the adoption of the Minority Report" and if failing 
to be adopted by a majority vote, the bill shall be placed upon the un- 
favorable calendar. 

Rule 46. Recall of bill from committee. — When a bill has been intro- 
duced and referred to a committee, if after ten days the committee has 
failed to report thereon, then the author of the bill may, after three days' 
public notice given in the Senate, on motion supported by a vote of two- 
thirds of the Senators present and voting, recall the bill from the committee 
to the floor of the Senate for consideration and such action thereon as a 
majority of the Senators present may direct. 

Rule 47. Calendar; order to be followed. — The President and the Prin- 
cipal Clerk of the Senate shall see that all bills are acted upon by the 
Senate in the order in which they stand upon the calendar, unless otherwise 
ordered as hereinafter provided. The published calendar shall include all 
bills reported favorably from committees, or reported with a minority 
report attached, or placed on the calendar on motion: Provided, that the 
published local calendar may carry the number of each bill, the county or 
counties referred to, and an abbreviated statement of the title of the bill. 

Rule 48. Considering bills out of regular order. — Except as provided in 
Rule 49, any bill or other matter may be taken up out of order upon order 



1969] SENATE JOURNAL 23 

of the President or upon motion sustained by a majority of the membership 
present and voting. 

Rule 49. Third reading requirements. — No bill on its third reading shall 
be acted upon out of the regular order in which it stands on the Calendar, 
and no bill shall be acted upon on its third reading the same day on which 
it passed its second reading unless so ordered by two-thirds of the 
Senators present. 

Rule 50. Special orders. — Any bill or other matter may be made a 
special order for a particular day or hour by a vote of the majority of the 
Senators voting, and if it shall not be completed on that day, it shall be 
returned to its place on the Calendar, unless it is made a special order for 
another day; and when a special order is under consideration it shall take 
precedence over any special order or subsequent order for the day, but such 
subsequent order may be taken up immediately after the previous special 
order has been disposed of. 

Rule 51. Procedure when necessary number of Senators not present. — 
If, on taking the question on a bill, it appears that a constitutional quorum 
is not present, or if the bill requires a vote of certain proportion of all the 
Senators to pass it, and it appears that such number is not present, the 
bill shall be again read and the question taken thereon; if the bill fails a 
second time for the want of the necessary number being present and 
voting, the bill shall not be finally lost, but shall be returned to the 
calendar in its proper order. 

Rule 52. Effect of defeated bill. — (a) After a bill has been tabled or 
has failed to pass on any of its readings, the contents of such bill or the 
principal provisions of its subject matter shall not be embodied in any 
other measure. Upon the point of order being raised and sustained by the 
Chair, such measure shall be laid upon the table, and shall not be taken 
therefrom except by a vote of two-thirds of the qualified membership of 
the Senate: Provided, no local bill shall be held by the Chair as embodying 
the provisions, or being identical with any State-wide measure which has 
been laid upon the table or failed to pass any of its readings. 

(b) When a bill has been postponed indefinitely by the Senate, the bill 
shall lie upon the table, and shall not be taken therefrom except by a vote 
of two-thirds of the Senators present. 

Rule 53. Taking bill from table. — No bill which has been laid upon the 
table shall be taken therefrom except by a vote of two-thirds of the 
Senators present. 

Rule 54. Amending titles of bills. — When a bill is materially modified 
or the scope of its application extended or decreased, or if the county, or 
counties, to which it applies is changed, the title of the bill shall be changed 
by the Senator introducing the bill or by the committee having it in charge, 
or by the Principal Clerk, so as to indicate the full purport of the bill as 
amended and the county or counties to which it applies. 

Rule 55. Conference committees. — Whenever the Senate declines or re- 
fuses to concur in amendments put by the House to a bill originating in the 
Senate, or refuses to adopt a substitute adopted by the House for a bill 
originating in the Senate, a conference committee shall be appointed upon 
motion made consisting of the number named in the motion; and the bill 



24 SENATE JOURNAL [Session 

under consideration shall thereupon go to and be considered by the joint 
conferees on the part of the Senate and House. In considering matters in 
difference between the Senate and House committed to the conferees only 
such matters as are in difference between the two houses shall be con- 
sidered by the conferees, and the conference report shall deal only with 
such matters. The conference report shall not be amended. Except as herein 
set out, the rules of the United States House of Representatives shall 
govern the appointment, conduct, and reports of the conferees. 

Rule 56. Certification of passage of bills. — The Principal Clerk shall 
certify the passage of bills by the Senate, with the date thereof, together 
with the fact whether passed by vote of three-fifths or two-thirds of the 
Senate, whenever such vote may be required by the Constitution or laws 
of the State. 

Rule 57. Transmittal of bills to House. — No bill shall be sent from the 
Senate on the day of its passage except on the last day of the session, 
unless otherwise ordered by a vote of two-thirds of the Senators present. 

Legislative Officers and Employees 

Rule 58. Pages.- — The President of the Senate shall appoint pages. The 
President, or such person as he may designate, shall supervise the pages 
and assign to them their duties. Each page shall be at least fourteen years 
of age. 

Rule 59. Sergeant-at-Arms. — (a) There shall be ten positions of As- 
sistant Sergeants-at-Arms to be appointed by the Sergeant-at-Arms who 
are to work under his supervision and to be assigned such duties and 
powers as he shall direct. 

(b) The Sergeant-at-Arms shall be responsible for the safety of the 
members and employees of the Senate while in the State Legislative Build- 
ing, or any place in which the Senate is in session, and shall be responsible 
for maintaining order in the State Legislative Building and adjoining park- 
ing lots, all under the supervision and direction of the President of the 
Senate. 

(c) The Sergeant-at-Arms shall serve all warrants and subpoenas issued 
by orders of the Senate and signed by the President of the Senate, and 
said warrants and subpoenas shall be returnable to the Principal Clerk of 
the Senate. 

Rule 60. Committee Clerks. — (a) The President of the Senate shall ap- 
point clerks to such committees as he may deem necessary and appropriate. 

(b) All Committee Clerks, when not in attendance upon the direct duties 
connected with their committee shall report to the Supervisor of Committee 
Clerks for such duties as may be assigned to them upon approval by 
Committee Chairmen. 

Rule 61. Senate Journal. — The Principal Clerk shall prepare and be 
responsible for the Journal. The Committee on Rules shall examine the 
Journal to determine if the proceedings of the previous day have been cor- 
rectly recorded. 

Rule 62. Disbursing Clerk to order supplies. — (a) All necessary supplies 
and stationery for the Senate shall be purchased upon requisition of the 
Disbursing Clerk, under the supervision of the President of the Senate. 



1969] SENATE JOURNAL 25 

(b) All equipment, including typewriters and dictating equipment, shall 
be requisitioned from the Disbursing Clerk who shall distribute the equip- 
ment under the supervision of the Committee on Rules. 

General Rules 

Rule 63. President to sign papers. — All acts, addresses and resolutions, 
and all warrants and subpoenas issued by order of the Senate shall be 
signed by the President. 

Rule 64. Admission to the floor of the Senate. — No person except 
members of the Senate, members of the House of Representatives, staff 
of the General Assembly; Judges of the Supreme, Court of Appeals, and 
Superior Courts; the Governor and members of the Council of State; 
former members of the General Assembly; and persons particularly invited 
and extended the privileges of the floor by the President shall be admitted 
to the floor of the Senate during its session. No registered lobbyist shall 
be admitted to the floor of the Senate or Senate Chamber while the Senate 
is in Session. 

Rule 65. Privileges of the floor. — Any group or individual other than 
members of the Senate who desire to make remarks upon the floor of the 
Senate will first obtain approval of the Committee on Rules. 

Rule 66. News Media.- — The President is authorized to assign area and 
equipment on the floor of the Senate for the use of the representatives 
of news media; and the President shall provide regulations for the operation 
of the representatives of the news media on the floor of the Senate. 

Rule 67. Absence without leave. — No Senator or officer of the Senate 
shall depart the service of the Senate without leave, or receive pay as a 
Senator or officer for the time he is absent without leave. 

Rule 68. Placing material on Senators' desks. — Any person other than 
members of the Senate desiring to place articles of any kind on or about 
desks in the Senate Chamber or in the offices of the members of the Senate 
will make written application to, and obtain written approval from, the 
Principal Clerk of the Senate. 

Rule 69. Assignment of offices. — The Chairman of the Committee on 
Rules, subject to the approval of the Committee, is authorized to make 
assignments of committee rooms and offices to designated committees, 
chairmen, and members of the Senate. The office adjacent to any committee 
room assigned to a principal committee by the Chairman of the Committee 
on Rules subject to the approval of the Committee on Rules shall be auto- 
matically assigned to the chairman of the principal committee. In making 
such assignments of individual offices, the said Chairman shall give pref- 
erential consideration to the respective members according to the length 
of service which each member has rendered in the General Assembly. 

Rule 70. Notice of public hearings. — Notice shall be given not less than 
five calendar days prior to public hearings. Such notices shall be issued as 
information for the press and shall be posted in the offices of the Principal 
Clerks. 

Rule 71. Public hearings, filing of written statements. — Persons de- 
siring to appear and be heard at a public hearing are encouraged to file a 



26 SENATE JOURNAL [Session 

brief or a written statement of the remarks to be made at least twenty- 
four hours before the time of the hearing. 

Rule 72. Voting in Joint Session. — When any Senate Committee sits 
jointly with the House Committee, the Senate Committee reserves the right 
to vote separately from the House Committee. 

Rule 73. Alteration, suspension or rescission of rules. — No rule of the 
Senate shall be altered, suspended, or rescinded except on a two-thirds vote 
of the Senators present. 

Upon motion of Senator McGeachy, seconded by Senators Moore and 
Burney, the report of the Committee on Rules is adopted. 

APPOINTMENTS 

The President announces the appointment of the following standing 
committees: 

Appropriations Subcommittee on Health, Welfare and Institutional Care: 
Senators Coggins, Chairman; James, Vice-Chairman; Gurganus, Vice-Chair- 
man; Bagnal, Flaherty, Folger, Reed. 

Appropriations Subcommittee on Education: Senators Moore, Chairman; 
Norton, Vice-Chairman; Bailey, Boger, Burney, Sapp, V. White of Pitt. 

Appropriations Subcommittee on General Government and Transporta- 
tion: Senators Henley, Chairman; Harrington, Vice-Chairman ; Allsbrook, 
Larkins, Murrow, Saunders, West. 

Appropriations Subcommittee on Personnel and Long-range Planning: 
Senators Rauch, Chairman; Edwards, Vice-Chairman; Allen, Dent, MacLean, 
Poovey, Robinson. 

Committee on Conservation and Development: Senators Burney, Chair- 
man; Patterson, Vice-Chairman; Saunders, Vice-Chairman; Allen, Alls- 
brook, Boger, Dent, Griffin, Moore, Norton, Reed, Robinson, Sapp, Station, 
West. 

Committee on Courts and Judicial Districts: Senators Bailey, Chairman; 
Harrington, Vice-Chairman; Bryan, Burney, Edwards, Ellis, Folger, Gur- 
ganus, Reed, Sapp, L. Warren of Wayne, J. White of Cleveland. 

Committee on Veterans and Military Affairs: Senators Griffin, Chair- 
man; Reed, Vice-Chairman; Bryan, Folger, Johnson, Joyner, Kirby, Murrow. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator Flaherty: S. B. 14, a bill to amend Article 36 of Chapter 160 
of the General Statutes so as to exempt Burke County from parts. 

Referred to Committee on Local Government. 

By Senator Bowles: S. B. 15, a bill to incorporate and establish the 
Central North Carolina School for the Deaf. 

Referred to Committee on Rules. 

By Senator Bowles: S. J. R. 16, a joint resolution prohibiting placing the 
biennial appropriations bill on its second reading less than two weeks 
after said bill would otherwise be placed on the favorable calendar. 



1969] SENATE JOURNAL 27 

Referred to Committee on Rules. 

By Senator Bowles: S. J. R. 17, a joint resolution congratulating the 
basketball team of the University of North Carolina at Chapel Hill. 

Referred to Committee on Rules. 

By Senator L. Warren of Wayne: S. B. 18, a bill to make appropriations 
for current operations of the State's departments, institutions, and agencies 
and for other purposes. 

Referred to Committee on Appropriations. 

By Senator L. Warren of Wayne: S. B. 19, a bill to make appropriations 
to provide capital improvements for State institutions, departments, and 
agencies. 

Referred to Committee on Appropriations. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and dis- 
posed of, as follows: 

H. J. R. 16, a joint resolution recognizing the East Rutherford High 
School Band. 

Upon motion of Senator Norton, the rules are suspended and the resolu- 
tion is placed upon its immediate passage. 

Passes its second and third readings and is ordered enrolled. 

Upon motion of Senator Bowles, the Senate adjourns to meet tomorrow 
at 12 M. 



SEVENTH DAY 

Senate Chamber, 
Wednesday, January 22, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the 
Senate. 

Senator McGeachy for the Committee on Rules announces that the 
Journal of yesterday has been examined and found to be correct, and upon 
his motion the reading of the Journal is dispensed with and it stands 
approved as written. 

The President extends the courtesies of the floor to the Honorable T. 
Wade Bruton, former Attorney General of North Carolina, and a member 
of the North Carolina General Assembly in the 1929 Session. 

Upon motion of Senator Ellis, the President extends the courtesies of 
the galleries to the Honorable Carl V. Venters, former member of both the 
Senate and the House of Representatives, and to a group of distinguished 
citizens of Onslow County accompanying him. 

Upon motion of Senator V. White of Pitt, the President extends the 
courtesies of the galleries to the Seventh Grade of the Roberson Union 
School, Winterville. 



28 SENATE JOURNAL [Session 

The President extends the courtesies of the floor to former Senators 
Leroy Simmons of Duplin County and Joe K. Byrd of Burke County. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. J. R. 8, a joint resolution authorizing an official delegation to represent 
the General Assembly at the funeral of the Honorable T. Clarence Stone. 

S. J. R. 10, a joint resolution congratulating the Greensboro, North Caro- 
lina Jaycees. 

special message from the house of representatives 

House of Representatives, 
Wednesday, January 22, 1969. 
Mr. President : 

It is ordered that a message be sent your Honorable Body with the 
information that pursuant to S. R. 1, "A joint resolution relative to the 
inauguration of the Honorable Robert W. Scott as Governor of North Caro- 
lina; and informing His Excellency, Governor Robert W. Scott, that the 
General Assembly is organized and ready to proceed with public business 
and inviting the Governor to address a joint session of the Senate and 
House of Representatives at 12:30 p.m., Wednesday, January 22, 1969," 
the House of Representatives stands ready to receive the Senate in Joint 
Session at the hour appointed. 

Respectfully, 

Jo Ann Smith, Principal Clerk 

reports of committees 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
places on the Calendar, as follows: 

By Senator McGeachy, for the Committee on Rules: 

H. J. R. 2, a joint resolution honoring Mrs. John B. Spilman, Sr. for her 
outstanding service as executive director of the North Carolina Mental 
Health Association, with a favorable report. 

appointments 

The President announces the appointment of the following standing 
committees: 

Committee on Agriculture: Senators MacLean, Chairman; Bowles, Vice- 
Chairman; Wood, Vice-Chairman; Coggins, Griffin, Johnson, Joyner, Larkins, 
Robinson, Scott, V. White of Pitt, Wilkie. 

Committee on Constitution: Senators Allsbrook, Chairman; Station, 
Vice-Chairman; Boger, Briggs, Burney, Edwards, Gurganus, McGeachy, 
Nielson, Robinson, Sapp, J. White of Cleveland. 



1969] SENATE JOURNAL 29 

Committee on Local Government: Senators J. White of Cleveland, Chair- 
man; McGeachy, Vice-Chairman; Penn, Vice-Chairman; Bagnal, Bowles, 
Briggs, Johnson, Maxwell, Patterson, S. Warren of Sampson, Wilkie. 

Upon motion of Senator McGeachy, the Senate recesses to meet in Joint 
Session in the House of Representatives for the purpose of receiving the 
Governor's Biennial Message, and upon his motion upon dissolution of the 
Joint Session, the Senate stands adjourned to meet tomorrow at 12 M. 



JOINT SESSION 

The Senate is received by the members of the House of Representatives 
standing, and the Joint Session is called to order by Lieutenant Governor 
H. Patrick Taylor, Jr. 

The President recognizes Senator Burney who presents His Excellency, 
Governor Robert W. Scott, who delivers the following address: 

Mr. President, Mr. Speaker, Mr. Chief Justice and members of the General 
Assembly of North Carolina: 

The people of North Carolina have elected us to formulate the programs 
that will give impetus to this State in the decade of the Seventies and 
into the future — programs to lead to the good life. 

At the outset, we might as well face the fact that this will be, at the 
least, a challenging session. 

We are reaching a point where the level of expectations is rising at a 
rate that outstrips our capacity to provide them without imposing on our- 
selves a greater burden of stewardship to the State. 

We want better schools. We all want our children to be well taught. 
We want them to start their education at an earlier age and continue it 
beyond the high school. 

We want our schools to tailor programs to fit the need of every child — 
the mentally fast and the mentally slow; the student going on to college 
and the student who wants to prepare now for an occupation. 

We are living in an affluent age, but many are left out of the abundance- — 
the mentally and physically handicapped, the children of deprived back- 
grounds, the aged. Many families live on inadequate incomes. 

Sections of our State are awaiting to move out economically and in- 
dustrially. They want and need roads and community facilities to hasten 
the day. 

Thousands living in North Carolina today will celebrate the year 2000 — 
the advent of a new century. We need to make the wisest use of our re- 
sources. We need a unified effort. We need to modernize and streamline 
government. 

North Carolina has always met the challenge. We have felt no resistance 
to progressive change. In fact, we have sought it and we have benefited 
by it. 

The people of North Carolina have elected you and me to see that the 
State does what clearly must be done if we are to meet the challenge of 
the year 2000. We must act now to put the essentials of a good life within 
reach of every citizen. 



30 SENATE JOURNAL [Session 

INTERGOVERNMENTAL RELATIONS 

At this moment, there seems to be little doubt that the biggest challenge 
of the next decade will be a struggle to improve our environment. 

It will be an effort to conserve and better utilize our natural resources. 
There will be a great concern to halt air and water pollution; an attempt 
to banish hunger and an effort to remove blight. 

Communities will seek more public facilities to stimulate economic and 
industrial development. Roads and streets, thoroughfares and rapid transit 
systems will be built to move people and commerce and hopefully make 
transportation and travel more safe. 

At a time when all levels of government are experiencing unprecedented 
demands for services, we must recognize that all governmental goals are 
interrelated. 

Only by close, coordinated interaction with the Federal Government and 
with local governments can the State achieve its goals of better govern- 
ment for all its people. Only through partnership with the State can local 
governments provide the services its citizens demand. 

One of the highest priorities during this session and the next four years 
should be efforts to build an effective working partnership between all levels 
of government. 

I believe we will see efforts during the next four years to place greater 
responsibility on the State, particularly in the State's relationships with 
local governments. 

There are many areas where a better partnership is needed if the State, 
the cities, the towns and the counties are going to meet the needs of North 
Carolinians where they live, work and play. 

In our urban areas, there are problems of income and housing that only 
the State and municipalities can solve together. There are problems as 
well in rural areas, and, in many respects, the needs of North Carolina 
are greater in the rural areas. 

I will ask for your support in developing programs that will build a 
partnership between the State and the communities. 

Among these programs will be a request, later in this session, for a 
new department of State government. It will be established for the primary 
purpose of aiding and assisting local governments to meet local needs. 

It will not be the most expensive program — in terms of appropriations — 
that you and I will be asked to undertake during this session and the next 
four years. 

The nucleus for such a department already exists within the State. 
What is needed now is to bring together in one place — hopefully under 
one roof — and under one administration already existing services which 
are relevant to modern problems of community life. 

Not only will my proposed department actively aid communities, it will 
in the long-run increase efficiency in State government. It will be a service 
organization whereby the full resources of the State can be called upon 
by communities for assistance within the entire spectrum of community 
problems. 



1969] SENATE JOURNAL 31 

Let me stress: it will be a service organization and not a regulatory 
agency. The department will be staffed by individuals — many of whom are 
already employed by the State although others will be needed — who have 
ideas and know how in housing, community redevelopment, economic de- 
velopment, local taxation and capital planning, land use and development, 
local and regional planning and recreation planning. 

In addition to technical assistance, this department, will reap some 
tangible benefits to the State. It will become an important link in Federal- 
State and local programs. It will strengthen the hand of every local 
government in making full and intelligent use of all available assistance 
programs. 

State Government must be strengthened, particularly in its relation to 
the Federal Government. I intend to work with the Governors of other 
states to enable the states to have a stronger voice and a greater influence 
in the Federal system. 

We will go to Washington to solicit our fair share and we will not over- 
look any program. Many assistance programs go untapped, even though 
they are available to us, simply because we have not made a maximum 
effort. 

To enable the State to take advantage of worthwhile programs that may 
come along during the biennium, I will request a reserve fund for matching 
grants. This will be a sum of money set aside to be used, upon the 
approval of the Advisory Budget Commission, for matching Federal grants 
in which the State feels it should participate. 

PUBLIC EDUCATION 

Today, more than at any time in our history, North Carolina has the 
opportunity, challenge and responsibility of providing a full educational 
opportunity for every child in the public schools — as well as every child 
who should be in our classrooms. 

The opportunity and the task that confronts all of North Carolina is 
finding the means of implementing and financing a new adventure in public 
education. 

During the past twelve months, more than 500 North Carolinians repre- 
senting all areas of the State and the major groups involved in public 
education have studied and proposed for our State the goal of a child 
well taught. 

In the broadest sense, this goal means that every boy and girl will learn 
how to live and how to make a living. That is what education is all about. 

State and local governments must be committed to providing the re- 
sources that are needed to close the gaps in our public school system. 
Local governments must take the initiative to see that a comprehensive 
education is available to every child. 

In many areas this means the merger of school districts and the con- 
solidation of schools. It means in some cases that local governments must 
do a better job of financing school programs. At the State level our ad- 
ministrative structure must assure a bold, unified endeavor in public 
education. 



32 SENATE JOURNAL [Session 

The task ahead of us is a big one, but we must begin. I am recommending 
to you: 

First, that you firmly establish the State Board of Education as the 
policy formation agency for public education and that the Board be given 
the power to appoint the Superintendent of Public Instruction. In addition, — 
the Board should be given the authority to adopt criteria for merging 
school districts and to consolidate schools to achieve sound educational 
programs in all areas of the State. 

Second, that financial support of public education be recognized as a 
cooperative State, local and Federal effort, and that local units be en- 
couraged to provide basic minimum participation. I endorse the principle 
of State incentive funds to match local funds which are committed beyond 
the basic program. 

Third, North Carolina must make some major alterations in its in- 
structional program if it is to offer a truly meaningful education to every 
child. 

As a top priority we must see that every child has a good beginning in 
his educational career. A poor beginning often shows up later in low 
marks, dropouts and juvenile delinquency. I recommend that you extend 
public education to five-year olds. We should begin with an initial effort 
extended over a period of several years to serve all kindergarten age 
children in the State. 

I will recommend increased appropriations to offer occupational guidance 
and training to more students than are currently being reached in our 
vocational programs. 

Vocational training needs to be stressed and strengthened in the middle 
grades, for it may offer many young people their best means of preparing 
for effective competition in the job market. I may also provide invaluable 
incentive for potential dropouts to stay in school. 

Means should be sought to attract more students who need special in- 
ducement into a diversified vocational program. Too few of our schools 
now have student bodies large enough to justify a strong program. Still, 
effective programs can become a reality by school consolidation or other 
means of offsetting the handicap of small school units. 

Fourth, nothing is more important to our goal of a child well taught 
than the quality of teacher provided. Our schools must be staffed with 
competent, dedicated people. We must take meaningful strides toward 
paying teachers the national salary average. 

In return for higher salaries, we will expect a renewed dedication from 
all teachers. At the same time, we must seek solutions to reducing heavy 
classroom loads. 

Fifth, transportation for school children with special needs and a more 
flexible transportation service to accommodate special programs is needed. 

Further, public school bus transportation should be extended to include 
urban and suburban children. As long as the State assumes responsibility 
for school transportation, with all tax payers supporting it, this service 
should not be limited to rural children who live more than one and one-half 
miles from school. 



1969] SENATE JOURNAL 33 

HIGHER EDUCATION 

Higher education is another area which must have sustained support. 
The needs in higher education are many. 

Attention must be given to strengthening faculty salaries in all State- 
supported institutions. There is the pressing need to train more people in 
the medical and medically related areas and to upgrade library facilities 
at all institutions of higher learning. 

The role of the traditionally Negro institutions must be expanded in the 
years ahead and special attention given to salaries and remedial assistance 
in these institutions. 

Although I have said many times that not all young people can or should 
attend a college or university, there are many who should but are not 
doing so. A relatively low percentage of our students now continue their 
education beyond the high school. 

To effectively reach them will require an expansion of the campuses of 
our existing institutions of higher learning. 

Our university must grow physically as the demand increases. But I 
feel there is a limit in the student population of a given campus which 
should not be surpassed for effective administration and instruction. Never- 
theless, if we follow the philosophy of making a university education 
available to academically qualified students, it is inevitable that the campus 
expand. I believe the wise course is for this expansion to occur in other 
areas of the state. For this reason, I favor the extension of the university 
system to include Wilmington and Asheville-Biltmore Colleges. 

Privately supported colleges and universities play an important role in 
the total higher education program in North Carolina. These institutions 
educate many students, the cost of which would otherwise have to be borne 
by the state. Yet, many of the church-related, non-tax supported in- 
stitutions face financial hardships. 

I recommend, as does the recent study on higher education, a special 
study to consider a state-wide student assistance program. 

COMMUNITY COLLEGES, TECHNICAL INSTITUTES 

I cannot over-emphasize the importance of the community colleges and 
technical institutes to our overall program of post-high school training. 
The fifty institutions in this system have grown rapidly, this year enrolling 
more than 189,000 students. They have done a remarkable job in both 
technical and vocational instruction and college parallel programs. 

It is through these institutions that we can make a greater effort to 
reach more people — both adults and high school graduates. 

In the technical institutes and community colleges, greater emphasis 
should be placed on vocational opportunities. Programs should be broadened 
in this area. They should be developed in coordination with occupational 
education in the public schools. And this training should be made more 
relevant to the economy of the State. The emphasis should be on the skills 
demanded by industry, especially the better-paying industrial and service 
jobs. 



34 SENATE JOURNAL [Session 

LAW AND JUSTICE 

Preserving civil peace has always been recognized as the first responsi- 
bility of government. A government that is unable to afford to all of its 
citizens the security of person and property is not likely to be able to do 
much else for them. 

Today, we are faced with an increase in the old and familiar varieties 
of crime as well as the growth of organized crime and large scale civil 
disorders. 

The task of the State is this: to maintain public order while upholding 
the rule of law and pursuing the goal of justice for all citizens. In addition 
to maintaining order, the State must insure that justice embraces the fair 
treatment of individuals; and fair treatment must extend to all aspects of 
life insofar as it is within the Government's authority to assure it. 

We must deal effectively with all aspects of law and justice. My im- 
mediate proposals include: 

First, the prompt establishment of a police information network which 
is designed to link the State, national and all local law enforcement 
agencies willing to participate, in a high-speed, computerized network for 
the collection, organization and retrieval of information on crime and 
criminals. 

Second, bills to strengthen the authority of local government in dealing 
promptly and effectively with civil disorders. 

Third, legislation to state clearly the authority and responsibilities of the 
administrators of our public educational institutions to deal promptly and 
effectively with those who attempt to disrupt the normal operation of 
those institutions and disrupt the educational process. 

Fourth, insistence on the equality of treatment of all citizens in their 
dealings with the agencies of the law, and on the equality of protection of 
all persons and their property. 

Fifth, explore the Courts Commission recommendation for the initiation 
of a public defender system in some areas of the State. 

Sixth, strengthen substantially the State Bureau of Investigation by 
providing more funds for manpower and modern equipment. 

On a longer range basis, we must develop a coordinated plan for train- 
ing of all law enforcement officers in the State and urge local governments 
to take advantage of these programs. 

More effective training of enforcement personnel can be accomplished by 
utilizing fully existing training programs and facilities. At the same time, 
we should consider the development of a police academy, especially to 
assure the best training facilities and program possible for our State law 
enforcement agencies. 

I believe there are benefits to be derived from combining the prison, 
probation and paroles departments into a comprehensive correction and 
rehabilitation system. Such a department could give the leadership to 
increase our efforts to rehabilitate prisoners, especially juvenile offenders. 
I recommend this proposal be studied carefully by a commission appointed 
by this General Assembly. 



1969] SENATE JOURNAL 35 

GOOD NEIGHBOR COUNCIL 

Understanding and cooperation among - the races are essential. While these 
must be the concern of government generally, we will continue to need for 
sometime a State agency whose main purpose is the improvement of racial 
relations in the State. 

Therefore, I recommend that the Good Neighbor Council be continued 
and that the functions now performed by the Chairman be divided between 
a part-time Chairman of the Council and a full-time Director employed 
by the Council. The late David Coltrane gave the Council real meaning — a 
significance of purpose. He served as both Chairman and Director, per- 
forming both of these tasks well. I am asking that these roles now be 
divided and strengthened. 

I am asking for a full-time Director and staff because I feel that the role 
of the Good Neighbor Council should become more than one of mediating 
disputes. The Council should examine State and local governmental practices 
in employment and in the provision of services. It should encourage the 
removal of any inequities found, reporting to the Governor periodically on 
problems encountered. 

The Council should continue to encourage and aid the formation of local 
good neighbor councils and should help mediate racial crises on the in- 
vitation of troubled communities. 

Finally, recognizing that actions speak louder than words, I believe that 
nothing will strengthen the confidence of minorities more surely than a 
voice in government. We will set an example by appointing more members 
of minorities to State boards and positions, and urge authorities at both 
State and local levels to follow a similar policy. 

TRANSPORTATION 

Transportation and roads continue to be a pressing need in the State. 
It has been estimated that we would need to spend $4.7 billion dollars in 
the next twenty years to develop the transportation system that is needed 
to stay abreast of economic growth as well as to curb the rising death and 
injury rate on our highways. 

In the area of highways and transportation, we must be ambitious in 
our thinking and in our actions — as costly as such a program will be and as 
pressing as are other programs that demand the State's attention and 
resources. 

I will propose changes in the structure and composition of the State 
Highway Commission. I favor increasing the Commission's membership. 
A larger commission can better communicate with the people and will be 
more responsive to the needs of the people. Highway divisions now serve 
up to fourteen counties. It's difficult for a commission to effectively serve 
so large an area. 

I am concerned that in the areas of highways and transportation that we 
use wisely the large capital outlays that will be needed and that whatever 
we do now and in the next decades will meet the needs of a growing and 
changing State. 

We should think boldly in terms of constructing an arterial system that 
will move people and commerce through our centers of .economic growth 



36 SENATE JOURNAL [Session 

and that will link these urban centers with less populated areas of the 
State that would benefit economically by improved transportation. 

Let us remember, too, that people on our coast use the channels and 
inlets as roadways. We should give more attention to water transportation. 
A clear and open channel means as much as a highway to people who 
depend on the sea for their income. 

We must look toward the development of our airports, particularly local 
airports which are so essential to full industrial development in our State. 
This is one area in which we can work closely with the Federal Government 
to get some of our federal tax dollars back into North Carolina. It again 
underscores the need to strengthen the role of the State in federal matters. 

STATE EMPLOYEES 

All of us who are or have been employers know that demanding dedica- 
tion of our employees is only part of the story. A devoted, hard-working 
employee is an employee who is adequately paid and who has the benefits 
that have become a part of the modern, industrial society. 

The State can be no different from the business employer. Its employees 
must have adequate salaries which reflect the rising costs of living. Neither 
should State employees be expected to conduct State business on a per 
diem which is inadequate to meet expenses incurred. 

I favor salary increases and, in addition, an increase in the per diem 
allowance for both in-state and out-of-state travel. 

I will ask you to appropriate funds to provide for time and one-half pay 
for those employees who perform emergency services to protect life, health 
and safety of the public. 

The General Assembly should study the feasibility of establishing a 
longevity and cost-of-living index in the salary schedule of State em- 
ployees. Under the present system, State employees can receive general 
pay increases only once each two years. The cost of living has increased 
eight per cent since the last general pay increase in 1967. 

I favor changes in the State employees retirement program, and will 
recommend new benefits, which will not require additional appropriations. 

Finally, I believe a commission should be established to study various 
hospitalization plans and medical benefits for State employees — benefits 
that would be in keeping with the current cost of hospital services. This 
study should be directed toward specific recommendations for a hospital 
insurance proposal. 

NATURAL RESOURCES 

I have stated time and again that I want this administration to be 
known for its concern with planning for the future of North Carolina. 
Thousands of North Carolinians now living will see the advent of the year 
2000 celebrated as the turn of the century. 

In these future years, all of North Carolina's resources must be con- 
served and utilized so that the fullest benefit will accrue to all of our 
citizens. We must see to it, as we plan for the future, that the great 
bounties with which God has blessed this land are not wasted, misused or 
destroyed. 



1969] SENATE JOURNAL 37 

One of these great gifts of nature is the majestic and mysterious Atlantic 
Ocean washing our shores. The Atlantic Ocean and our inland waters are 
frontiers where lie natural resources as yet untapped. With the new em- 
phasis being placed throughout the world on the scientific study of seas, 
oceans and water resources, I believe that the State must join in the 
intensive search for answers to the problems and potentials of the ocean 
and rivers. 

This administration will move to a position of leadership in the field of 
marine science. We will look for ways to determine how the sea can yield 
more food; how our coastline can be protected from winds and tides; what 
mineral resources can be tapped from these depths and how the beaches 
and shorelines can be conserved. 

We will continue to support programs designed to insure that all of our 
natural resources are conserved and that waste and pollution are stopped. 

HEALTH AND WELFARE 

Our State institutions and agencies in the public health and welfare 
fields should be commended for their past work. They must have sustained, 
and in many cases, increased support to stay abreast of increasing patient 
and case loads. 

There are new programs which the State must implement if we are to 
stay abreast of the needs and the services which are becoming available 
through the assistance of the State and Federal governments. Foremost 
among these, in terms of the costs involved, will be the implementation of 
Title 19 of the Social Security Act, commonly known as Medic-aid. 

The mandatory date for states to implement this program and benefit 
from Federal funds which provide hospital and doctor care, home health 
and nursing services and medicines for several categories of the indigent, 
is January 1, 1970. 

It is essential that North Carolina implement this program, which has 
been recommended in the budget now before you. 

MENTAL HEALTH 

We need to strengthen our program of mental health care, remembering 
we should never lag in our support for those who are not so fortunate 
so as to be able to help themselves. 

I support programs that will aid mentally retarded children. We should 
establish a diagnostic center to pinpoint in infancy the mentally retarded 
child. 

I believe one of the most critical problems in the next decade and longer 
will be the shortage of trained manpower in the mental health professions. 

Of course, the shortage of trained manpower is not limited to the mental 
health profession. We must work on programs to increase adequate per- 
sonnel in all the health related fields. 

CULTURAL AFFAIRS 

North Carolina has long been recognized for its cultural achievements 
and its concern for the fine arts. We were the first state to finance art 



38 SENATE JOURNAL [Session 

purchases, to support outdoor drama and to appropriate funds for a theater 
building. We have a school for the Performing Arts and a fine Symphony 
Orchestra which brings good music to thousands of children and adults 
throughout the state each year. 

To enhance our cultural development 1 feel the state should lend en- 
couragement and, where possible, assistance to cultural programs on the 
local level. More historic sites need to be restored and preserved. Heritage 
and tradition are important to a people and it will mean even more to us 
in the future. 

PARKS AND RECREATION 

In the last third of this century, we will find more people earning more 
money. They will have greater mobility and more leisure time. Experts 
have predicted that the wise utilization of leisure time will be one of the 
great challenges of the future. 

Thus we must continue to provide for adequate recreational programs 
and areas, and to gradually expand our park system after thorough feasi- 
bility studies. 

In this regard, I feel the citizens of North Carolina are justified in their 
interest in a major zoological park as a recreation, education, research and 
conservation facility. 

I would like to see North Carolina develop a state zoo, and I recommend 
that you give careful consideration to the necessary enabling legislation to 
get it started. 

LIABILITY INSURANCE RATES 

For some time, I have been concerned about the costs of automobile 
insurance rates, delays in settling claims and the litigation time and costs 
involved. Many other of our citizens share this concern. I think something 
can be done about liability insurance and its costs, and I believe it is 
possible for North Carolina to lead the way in seeking ways to halt 
spiraling rates. 

This complex problem involves not only rising prices of automobiles and 
automobile parts, but our accident rate, the costs of settling claims and 
the amount of litigation required. 

I urge the General Assembly to appoint a blue ribbon commission to 
study this entire area and the problems that contribute to it, and to make 
recommendations as to what action is needed to make our highways safer 
and insurance costs lower. 

SENIOR CITIZENS 

Our Senior Citizens are valuable assets. They have given of their talents 
to help North Carolina grow and prosper. Many have much yet to offer in 
terms of experience and knowledge. 

Our citizens over sixty-five years should be granted some tax relief so 
they can live more comfortably in retirement. Too many are hard pressed 
financially to make ends meet on a fixed income with ever increasing living 
costs. 



1969] SENATE JOURNAL 39 

In my budget message, I will present a tax rebate plan for your con- 
sideration. It will be a significant gesture of the State's compassion for its 
senior citizens. 

Because of the limitations of your time, I have not touched on all the 
matters that will be the concern of my administration. Indeed, I have 
not gone into great detail about the programs I have proposed. 

Whenever it seems appropriate, therefore, I will relay to you additional 
proposals for your consideration during this session. I will express my 
views from time to time on matters that come before this distinguished 
Body that affect our State and our people. 

Mr. President, Mr. Speaker, my program is geared to developing the good 
life for all North Carolinians. It is designed to carry out the four broad 
goals stated in my inaugural address on January 3. 

I believe it is a sound, sensible program. Moreover, it will bring greater 
dividends in the future to all of us. 

During this session of the General Assembly, we must plan to provide 
the essentials of a good life. Indeed, a realistic plan for the future can be 
the start of a better life — a powerful thrust forward on the endless road 
of progress. 

The progress we make depends on our working together — carefully and 
creatively — to build a sturdy and constructive program to strengthen North 
Carolina and her people. 

Let the result of our labors give true meaning and purpose to our noble 
motto: "Esse Quam Videri". 

Upon motion of Senator McGeachy, the Joint Session is dissolved, and 
pursuant to his motion heretofore made, the Senate stands adjourned to 
meet tomorrow at 12 M. 



EIGHTH DAY 



Senate Chamber, 
Thursday, January 23, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain. 

Senator McGeachy for the Committee on Rules announces that he has 
examined the Journal of yesterday and finds the same correct, and upon 
his motion the reading of the Journal is dispensed with and it stands 
approved as written. 

The President grants leave of absence to Senator Dent for today. 

The President extends the courtesies of the floor to former Senator 
Buchanan of Henderson County, and to Mrs. Sara James, wife of Senator 
W. D. James of Richmond County. 

Upon motion of Senator James, the President extends the courtesies of 
the galleries to three seventh grade homerooms of the Hamlet Junior High 
School, Hamlet, and to their teachers, and to Mrs. Nancy Neal, President 
of the Young Democrats Club of Richmond County. 



40 SENATE JOURNAL [Session 

Upon motion of Senator McGeachy, the following additional rules are 
adopted: 

Rule 59 (d) While the General Assembly is in session, the Sergeant-at- 
Arms of the Senate shall be the custodian of, and responsible for, all 
personal property that is assigned to the Senate during any session of the 
General Assembly, and shall have the responsibility for the placement of 
said property in the Senate area of the Sate Legislative Building, subject 
to the approval of the Committee on Rules. At the termination of the 
Session, or within thirty days thereafter, the Sergeant-at-Arms shall pre- 
pare and deliver an inventory of all property belonging to the Senate to 
the Principal Clerk of the Senate. The Sergeant-at-Arms, with the ap- 
proval of the Committee on Rules, shall request the proper State agency 
to purchase necessary office furnishings and personal property needed for 
the operation of the Senate. 

Rule 59 (e) While the General Assembly is in session, the Sergeant-at- 
Arms shall be responsible to the Senate for all maintenance, installations, 
repairs and necessary work to the physical plant, to the telephones and 
utilities, and to all personal and real property, in the Senate area of the 
State Legislative Building, subject to the approval of the Committee on 
Rules. 

Rule 60. The Principal Clerk of the Senate shall employ all necessary 
employees and clerks required to carry out the duties of his office. The 
Principal Clerk shall have supervision and control, and shall assign such 
duties and powers as he shall direct to his employees and clerks. 

Rules 60-69, inclusive, are renumbered Rules 61-70, inclusive. 

Rule 71. — Administrative rules and regulations involving Senate em- 
ployees. — All administrative rules, regulations and orders involving all in- 
dividuals employed to perform duties for the Senate, other than those 
appointed by the Principal Clerk and the Sergeant-at-Arms, shall be first 
approved by the Committee on Rules. 

Rules 70, 71, 72 and 73 shall be renumbered Rules 72, 73, 74 and 75. 

APPOINTMENTS 

The President announces the appointment of the following standing 
committees: 

Committee on Judiciary No. 1: Senators Ellis, Chairman; Allsbrook, Vice 
Chairman; Gurganus, Vice Chairman; Bailey, Bryan, Burney, Currie, Mc- 
Geachy, Nielson, Penn, L. Warren of Wayne, S. Warren of Sampson. 

Committee on Judiciary No. 2: Senators Boger, Chairman; Folger, Vice 
Chairman; Staton, Vice Chairman; Briggs, Edwards, Kirby, Patterson, Reed, 
Robinson, Sapp, J. White of Cleveland. 

Committee on Education: Senators Evans, Chairman; Bowles, Vice Chair- 
man; S. Warren of Sampson, Vice Chairman; Allen, Bagnal, Flaherty, 
Henley, James, Johnson, Norton, Patterson, Staton, Wilkie. 

INTRODUCTION OI< BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 



1969] SENATE JOURNAL 41 

By Senators Nielson and Bagnal: S. B. 20, a bill relating to the Forsyth 
County Peace Officers' Association. 

Referred to Committee on Local Government. 

By Senator Ellis: S. B. 21, a bill to rewrite Chapter 630, Session Laws of 
1967, so as to provide for the at large nomination and election of members 
of the board of education of Onslow County. 

Referred to Committee on Education. 

By Senator Poovey: S. B. 22, a bill to amend Article VI of the Constitu- 
tion of North Carolina, so as to permit members of the Armed Forces of 
the United States to vote, regardless of age, while serving outside the 
United States or its possessions. 

Referred to Committee on Constitution. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. J. R. 21, a resolution honoring the memory of an active and gracious 
lady, Mrs. 0. Max Gardner. 

Referred to Committee on Rules. 

H. J. R. 27, a joint resolution honoring the life and memory of J. Wilbur 
Bunn, former member of the General Assembly. 

Upon motion of Senator Bailey, the rules are suspended and the resolu- 
tion is placed upon its immediate passage. 

Passes its second and third readings and is ordered enrolled. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

H. J. R. 2, a joint resolution honoring Mrs. John B. Spilman, Sr. for her 
outstanding service as executive director of the North Carolina Mental 
Health Association. 

Passes its second and third readings and is ordered enrolled. 

Upon motion of Senator Rauch, the Senate adjourns to meet tomorrow 
morning at 10:00 o'clock. 



NINTH DAY 



Senate Chamber, 
Friday, January 24, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain. 

Senator Moore for the Committee on Rules announces that the Journal 
of yesterday has been examined and found to be correct, and upon his 



42 SENATE JOURNAL [Session 

motion the reading of the Journal is dispensed with and it stands approved 
as written. 

Upon motion of Senator Penn, the President extends the courtesies of 
the galleries to Mr. Lee Farmer and a Political Science Class from Elon 
College. 

The President extends the courtesies of the galleries to Mrs. Hayes 
White, Mrs. William Propst and to Master Sims Propst who is made 
an honorary page of the Senate. 

APPOINTMENTS 

The President announces the appointment of the following standing 
committees: 

Committee on Mental Health: Senators Penn, Chairman; Larkins, Vice- 
Chairman; Allsbrook, Coggins, Evans, Flaherty, James, Joyner, Poovey, 
Scott, V. White of Pitt, Wilkie. 

Committee on Public Health: Senators James, Chairman; Evans, Vice- 
Chairman; Henley, Vice-Chairman; Boger, Johnson, Joyner, Norton, Poovey. 

Committee on Public Welfare: Senators Gurganus, Chairman; Evans, 
Vice-Chairman; Allen, Bowles, Henley, James, Joyner, Larkins, Murrow, 
West. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator Ellis: S. B. 23, a bill to authorize joint appeals from the 
several boards of equalization and review to the State Board of Assess- 
ments. 

Referred to Committee on Judiciary No. 1. 

By Senator Dent: S. B. 24, a bill to appropriate annually the sum of 
$3,000.00 to the North Carolina Rhododendron Festival on Roan Mountain 
in Mitchell County during the next biennium. 

Referred to Committee on Appropriations. 

Upon motion of Senator Robinson, the Senate adjourns to meet tomorrow 
morning at 9:30 o'clock, at which time only Public Local bills will be con- 
sidered, and adjournment will be until Monday evening at 8:00 o'clock. 



TENTH DAY 

Senate Chamber, 
Saturday, January 25, 1969. 

The Senate meets pursuant to adjournment, and in the absence of 
Lieutenant Governor H. Patrick Taylor, Jr. and President Pro Tempore N. 
Hector McGeachy, Jr., the Principal Clerk, Roy Rowe, calls Senator Coggins 
to the Chair, who calls the Senate to order and presides during the Session. 

Prayer is offered by Mrs. Ellis Marsh of Raleigh, North Carolina. 

Senator Bailey for the Committee on Rules announces that the Journal of 
yesterday has been examined and found to be correct, and upon his motion 



1969] SENATE JOURNAL 43 

the reading of the Journal is dispensed with and it stands approved as 
written. 

Upon motion of Senator Bailey, the Senate adjourns to meet Monday 
evening at 8:00 o'clock. 



ELEVENTH DAY 

Senate Chamber, 
Monday, January 27, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain. 

Senator McGeachy for the Committee on Rules announces that the 
Journal of Saturday has been examined and found to be correct, and upon 
his motion the reading of the Journal is dispensed with and it stands 
approved as written. 

The President extends the courtesies of the floor to the Honorable J. C. 
Pittman of Sanford, a member of the Senate in the 1937 Session and 
President Pro Tempore of the Senate in the 1949 Session. 

The President extends the courtesies of the floor to former Senator 
Vinson Bridgers of Edgecombe County, and to former Representative 
Emmett W. Burden of Bertie County. 

The President extends the courtesies of the galleries to Mrs. J. Russell 
Kirby, wife of Senator Kirby of Wilson County, and to Mrs. J. Marvin 
Johnson and Miss DeLane Johnson, the wife and daughter of Senator 
Johnson of Johnston County. 

The President grants leave of absence to Senators Bowles and Dent for 
tonight. 

APPOINTMENTS 

The President announces the appointment of the following standing 
committees: 

Committee on University Trustees: Senators Bowles, Chairman; Currie, 
Vice Chairman; Bryan, James, McGeachy, Murrow, Nielson, Rauch, Sapp, 
Saunders, Wood. 

Committee on Correctional Institutions and Law Enforcement: Senators 
Maxwell, Chairman; Scott, Vice Chairman; Allsbrook, Bailey, Gurganus, 
Larkins, Murrow, West. 

Committee on Personnel and Employment Programs: Senators Patterson, 
Chairman; Rauch, Vice Chairman; Briggs, Evans, Moore, Poovey, Robinson, 
Saunders. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions which are read the first time and 
disposed of, as follows: 



44 SENATE JOURNAL [Session 

H. J. R. 28, a joint resolution honoring the Statesville Senior High School 
Band. 

Upon motion of Senator Joyner, the rules are suspended and the resolu- 
tion is placed upon its immediate passage. 

Passes its second and third readings and is ordered enrolled. 

Upon motion of Senator Rauch, the Senate adjourns to meet tomorrow 
at 12 M. 



TWELFTH DAY 

Senate Chamber, 
Tuesday, January 28, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain. 

Senator McGeachy for the Committee on Rules announces that the 
Journal of yesterday has been examined and found to be correct, and upon 
his motion the reading of the Journal is dispensed with and it stands 
approved as written. 

Upon motion of Senator Flaherty, the President extends the courtesies 
of the galleries to Mr. B. W. Sweat of Caldwell County. 

Senator McGeachy for the Committee on Rules submits the following 
amendments to Senate Rule 34: 

Amend Rule 34, line 7, by changing the numeral "15" to "16", which will 
make the sentence read as follows: "Membership on standing committees 
shall consist of not more than sixteen or less than eight Senators, in- 
cluding the Chairman and Vice-Chairman who shall be designated by the 
President." 

Further amend Rule 34, line 14, by changing the numeral "7" to "8" 
which will make the sentence read as follows: "No Senator shall hold 
membership on more than eight standing committees unless the Committee 
on Rules provides otherwise." 

Upon motion of Senator McGeachy, the amendments to Rule 34 are 
adopted. 



APPOINTMENTS 

The President announces the appointment of the following standing 
committees: 

Committee on Alcoholic Beverage Control: Senators Currie, Chairman; 
L. Warren of Wayne, Vice-Chairman; Briggs, Harrington, MacLean, Max- 
well, Nielson, Reed, S. Warren of Sampson, West, J. White of Cleveland, 
Wood. 

Committee on Insurance: Senators Edwards, Chairman; Allen, Vice- 
Chairman; Allsbrook, Bagnal, Briggs, Burney, Currie, Ellis, Flaherty, 
Henley, James, Kirby, Rauch, S. Warren of Sampson. 



1969] SENATE JOURNAL 45 

Committee on Public Utilities: Senators Saunders, Chairman; Bailey, 
Vice-Chairman; Allen, Bryan, Dent, Harrington, Penn, Rauch, Scott, Staton, 
L. Warren of Wayne, Wilkie. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. J. R. 11, a joint resolution honoring the memory of an active and 
gracious lady, Mrs. 0. Max Gardner. 

H. J. R. 16, a joint resolution recognizing the East Rutherford High 
School Band. 

H. J. R. 2, a joint resolution honoring Mrs. John B. Spilman, Sr. for her 
outstanding service as executive director of The North Carolina Mental 
Health Association. 

H. J. R. 27, a joint resolution honoring the life and memory of J. Wilbur 
Bunn, former member of the General Assembly. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senators Rauch and J. White of Cleveland: S. B. 25, a bill to rewrite 
General Statutes 115-125 relating to the condemnation of land for school 
purposes so as to increase the maximum size of such sites to fifty acres. 

Referred to Committee on Judiciary No. 1. 

By Senators Ellis and Burney: S. B. 26, a bill to establish the North 
Carolina Underwriting Association so as to provide a method whereby 
adequate fire and extended coverage insurance may be obtained in the beach 
and coastal areas of North Carolina. 

Referred to Committee on Insurance. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time, and 
disposed of as follows: 

H. J. R. 39, a joint resolution honoring the memory of a distinguished 
servant of the people of North Carolina, Dr. Fredrick P. Brooks. 

Upon motion of Senator V. White of Pitt, the rules are suspended and 
the resolution is placed upon its immediate passage. 

Passes its second and third readings and is ordered enrolled. 

Upon motion of Senator V. White of Pitt, H. J. R. 38 is ordered spread 
upon the Journal. 

H. J. R. 39, a joint resolution honoring the memory of a distinguished 
servant of the people of North Carolina, Dr. Fredrick P. Brooks. 

WHEREAS, Fredrick P. Brooks of Greenville, who was a native of 
Kinston, North Carolina, has practiced the art and science of medicine in 



46 SENATE JOURNAL [Session 

the City of Greenville for the past thirty-five years in a most dedicated 
manner; and 

WHEREAS, he was a former member of the medical faculty of the 
University of North Carolina; and 

WHEREAS, Dr. Fredrick P. Brooks is survived by a lovely wife and 
distinguished family; and 

WHEREAS, he was the father of the Honorable John C. Brooks, the first 
and present Administrative Officer of this 1969 General Assembly: 

NOW THEREFORE, be it resolved by the House, the Senate concurring: 
that in the death of Dr. Fredrick P. Brooks, the State of North Carolina 
has sustained the loss of an outstanding citizen and physician, and that a 
copy of this Resolution be spread upon the minutes of both the Senate and 
House of Representatives, and that a copy of this Resolution be duly 
certified by the Secretary of State and transmitted by him to the family of 
Dr. Fredrick P. Brooks, and that this Resolution shall become effective upon 
its adoption. 

Upon motion of Senator Scott, the Senate adjourns to meet tomorrow 
at 12 M. 



THIRTEENTH DAY 

Senate Chamber, 
Wednesday, January 29, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Walter D. Volz, President of the 
Raleigh Ministerial Association, and Pastor of Our Saviour Lutheran 
Church, Raleigh. 

Senator McGeachy for the Committee on Rules announces that the 
Journal of yesterday has been examined and found to be correct, and upon 
his motion the reading of the Journal is dispensed with and it stands 
approved as written. 

The President extends the courtesies of the galleries to Mr. James T. 
Luman and Mr. George R. Uzzell, Jr. of the Greensboro Police Department. 
Mr. Uzzell is the son of the late George R. Uzzell of Rowan County, a 
long time member of the House of Representatives. 

The President grants leave of absence to Senator Norton for today, and 
to Senator Currie for tomorrow, January 30, 1969. 

APPOINTMENTS 

The President announces the appointment of the following standing 
committees: 

Committee on Highway Safety: Senators Wood, Chairman; Johnson, 
Vice-Chairman; Penn, Vice-Chairman; Flaherty, Griffin, Maxwell, Poovey, 
West, V. White of Pitt. 

Committee on Libraries: Senators Coggins, Chairman; MacLean, Vice- 
Chairman; Allen, Bagnal, Dent, Joyner, Larkins, Scott, V. White of Pitt. 



1969] SENATE JOURNAL 47 

Committee on Public Roads: Senators Harrington, Chairman; Maxwell, 
Vice-Chairman; Robinson, Vice-Chairman; Allsbrook, Gurganus, Henley, 
Murrow, Norton, Reed, Saunders, West, Wood. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senators Bowles and Rauch: S. B. 27, a bill to amend General Statutes 
18-85 so as to increase the surtax on liquor from two percent (2 ( A) to 
twelve percent (12 c /c). 

Referred to Committee on Finance. 

By Senator J. White of Cleveland: S. B. 28, a bill removing county 
exemptions from certain General Statutes. 

Referred to Committee on Local Government. 

By Senator J. White of Cleveland: S. B. 29, a bill authorizing the 
qualified voters of the several cities and towns of the State to amend 
their corporate charters concerning the mode of selection of the Governing 
Board. 

Referred to Committee on Local Government. 

By Senator J. White of Cleveland: S. B. 30, a bill granting ordinance- 
making authority to counties. 

Referred to Committee on Local Government. 

By Senator J. White of Cleveland: S. B. 31, a bill authorizing the board 
of county commissioners of the several counties of the State to fix their 
compensation. 

Referred to Committee on Local Government. 

By Senator J. White of Cleveland: S. B. 32, a bill to allow the governing 
bodies of the several cities and towns of the State to fix their own com- 
pensation. 

Referred to Committee on Local Government. 

By Senator Flaherty: S. B. 33, a bill to amend General Statutes 105-345 
relating to ad valorem property tax penalties and discounts in the town 
of Drexel. 

Referred to Committee on Local Government. 

By Senator Bailey: S. B. 34, a bill to amend various sections of the 
General Statutes to take into account the existence of the Court of Appeals. 

Referred to Committee on Courts and Judicial Districts. 

By Senator MacLean: S. B. 35, a bill to amend General Statutes 113-120.3 
to increase penalty for mutilation, destruction of posted signs. 

Referred to Committee on Agriculture. 

By Senator MacLean: S. B. 36, a bill to amend General Statutes 153-10.1 
to authorize the board of county commissioners of Robeson County to 
regulate garbage disposal. 

Referred to Committee on Local Government. 

By Senator Boger: S. B. 37, a bill to grant zoning authority outside the 
city limits to the town of Mount Pleasant in Cabarrus County. 



48 SENATE JOURNAL [Session 

Referred to Committee on Local Government. 

By Senator Dent: S. B. 38, a bill to provide that police officers of the 
city of Asheville shall not be required to reside within the city limits. 

Referred to Committee on Local Government. 

By Senator Folger: S. B. 39, a bill to amend Chapter 302 of the Session 
Laws of 1967, by changing and enlarging the membership of board of 
directors and increasing benefits payable under the supplementary pension 
fund for firemen in the town of Mount Airy. 

Referred to Committee on Local Government. 

By Senators Scott and L. Warren of Wayne: S. B. 40, a bill to exempt 
the North Carolina Symphony Society, Incorporated, from certain privilege 
license taxes. 

Referred to Committee on Finance. 

By Senators L. Warren of Wayne and Scott: S. B. 41, a bill to amend 
General Statutes 135-1 so as to make permanent employees of the North 
Carolina Symphony Society, Incorporated, eligible for membership in the 
Teachers' and State Employees' Retirement System. 

Referred to Committee on Personnel and Employment Programs. 

By Senator Ellis: S. B. 42, a bill to amend General Statutes 20-279.21 
relating to motor vehicle liability policies so as to provide that default 
judgments taken against insureds shall not be used as a basis for judgment 
against an insurer unless such insurer has had reasonable notice of the 
pendency of suit against its insured and an opportunity to defend. 

Referred to Committee on Insurance. 

Upon motion of Senator J. White of Cleveland, the Senate adjourns to 
meet tomorrow morning at 11 :45 o'clock. 



FOURTEENTH DAY 

Senate Chamber, 
Thursday, January 30, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Donald Myers, Pastor, First Baptist 
Church of Reidsville. 

Senator McGeachy for the Committee on Rules announces that the 
Journal of yesterday has been examined and found to be correct, and upon 
his motion the reading of the Journal is dispensed with and it stands 
approved as written. 

Senator J. White of Cleveland presents to the Senate "The Generation", 
a group from the First Baptist Church of Shelby under the direction of 
Mr. Van H. Ramsey, who present a short musical program. 

The President extends the courtesies of the galleries to Mrs. James M. 
Harper, Jr., a recent candidate for the office of Lieutenant Governor of 
North Carolina. 

Upon motion of Senators Bowles and Edwards, the courtesies of the 
galleries are extended to Mr. Jake Froleich, Chairman, to Mrs. Paul Gil- 



1969] SENATE JOURNAL 49 

more, Vice-Chairman, and to the entire Guilford County Democratic Execu- 
tive Committee, who are visiting Raleigh to celebrate "Guilford County 
Day". 

The President extends the courtesies of the galleries to Mrs. Jessamine 
Bowles and to Mr. John Bowles, the wife and brother of Senator Bowles 
of Guilford County. 

The President extends the courtesies of the galleries to Mrs. Edward F. 
Griffin, wife of Senator Griffin of Franklin County, and to Mrs. Mark 
Lindsey, the sister of Senator James of Richmond County. 

Upon motion of Senator West, the courtesies of the galleries are ex- 
tended to Mr. H. Bueck, Superintendent of Macon County Public Schools, 
and Mrs. Bueck, and to Mr. Peter Yonce, an exchange student from Holland 
accompanying them. 

Upon motion of Senators Bailey and Coggins, the courtesies of the 
galleries are extended to the seventh grade of Our Lady of Lourdes School, 
Raleigh, and to their teacher, Mrs. Linda Venuto. 

The President grants leave of absence to Senator Moore for tomorrow, 
Friday, January 31, 1969. 

Upon motion of Senator McGeachy, S. B. 2, a bill to establish a system 
of youth councils that will provide the youth of North Carolina an op- 
portunity to develop leadership skills and become responsible citizens, is 
taken from the Committee on Rules and re-referred to the Committee on 
State Government. 

Upon motion of Senator McGeachy, S. B. 7, a bill to protect children 
through licensing of day-care facilities and other limited regulations, is 
taken from the Committee on Rules and re-referred to the Committee on 
Judiciary No. 2. 

Upon motion of Senator McGeachy, S. B. 15, a bill to incorporate and 
establish the central North Carolina school for the deaf, is taken from the 
Committee on Rules and re-referred to the Committee on Education. 

APPOINTMENTS 

The President announces the appointment of the following standing 
committees: 

Committee on Higher Education: Senators Kirby, Chairman; Boger, Vice 
Chairman; Coggins, Vice Chairman; Burney, Currie, Dent, Folger, Harring- 
ton, MacLean, Maxwell, Nielson, Poovey, Rauch, L. Warren of Wayne, 
V. White of Pitt. 

Committee on State Government: Senators Henley, Chairman; Griffin, 
Vice Chairman; Dent, Edwards, Ellis, Evans, Flaherty, Patterson. 

Committee on Wildlife: Senators Moore, Chairman; V. White of Pitt, 
Vice Chairman; Bryan, Folger, Harrington, McGeachy, Poovey, Penn, S. 
Warren of Sampson. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 



50 SENATE JOURNAL [Session 

H. J. R. 28, a joint resolution honoring the Statesville Senior High School 
Band. 

H. J. R. 39, a joint resolution honoring the memory of a distinguished 
servant of the people of North Carolina, Dr. Fredrick P. Brooks. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator J. White of Cleveland, for the Committee on Local Govern- 
ment: 

S. B. 3, a bill amending Chapter 151 of the General Statutes so as to 
authorize constables to serve criminal and civil process, and authorizing 
county commissioners to fix the salaries of constables, with a favorable 
report. 

Upon motion of Senator Bailey, the bill is re-referred to the Committee 
on Courts and Judicial Districts. 

S. B. 9, a bill to repeal Chapter 338 of the Session Laws of 1963 relating 
to the boundary lines of the Lenoir School Administrative Unit, with a 
favorable report, as amended. 

Upon motion of Senator J. White of Cleveland, the amendment offered 
by the Committee is adopted. 

Upon motion of Senator Flaherty, the rules are suspended and the bill, 
as amended, is placed upon its immediate passage. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

By Senator Bailey, for the Committee on Courts and Judicial Districts: 

S. B. 5, a bill to make certain technical and clarifying amendments to 
General Statutes Chapter 9, "jurors", with a favorable report. 

By Senator Evans, for the Committee on Education: 

S. B. 21, a bill to rewrite Chapter 630, Session Laws of 1967, so as to 
provide for the at large nomination and election of members of the board 
of education of Onslow County, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator J. White of Cleveland: S. B. 43, a bill authorizing the board 
of commissioners of any county to modify the composition and mode of 
election of the board. 

Referred to Committee on Local Government. 

By Senator J. White of Cleveland: S. B. 44, a bill to fix a uniform 
schedule of fees to be charged by the register of deeds throughout North 
Carolina. 

Referred to Committee on Local Government. 

By Senator MacLean: S. B. 45, a bill to amend General Statutes 14-128 
and General Statutes 14-134.1 so as to increase penalty for violations. 



1969] SENATE JOURNAL 51 

Referred to Committee on Judiciary No. 2. 

By Senators James, Burney, J. White of Cleveland and Ellis: S. B. 46, a 
bill to authorize and make uniform the procedure making a gift of all or 
part of a human body after death for specified purposes. 

Referred to Committee on Public Health. 

By Senators Staton and Joyner: S. B. 47, a bill to amend Chapter 24-10 
of the General Statutes relating to seven percent interest on residential 
loans so as to permit seven percent interest on certain church building and 
improvement loans. 

Referred to Committee on Banking. 

By Senator Robinson: S. B. 48, a bill to make it a felony for a person 
to remove a child from this State when a court has awarded custody to 
another person. 

Referred to Committee on Judiciary No. 2. 

By Senators Nielson, Briggs, West, Wilkie and Flaherty: S. B. 49, a bill 
to alter the salary schedules and to increase the salaries of public school 
classroom teachers and other public school special service personnel. 

Referred to Committee on Appropriations. 

By Senator Poovey: S. B. 50, a bill to amend Article VI of the Constitu- 
tion of North Carolina so as to lower the minimum voting age, and to 
impose contractual obligations. 

Referred to Committee on Constitution. 

By Senator Saunders: S. J. R. 51, a joint resolution honoring the life and 
memory of Wilbur Hoke Currie, former member of the General Assembly. 

Upon motion of Senator Saunders, the rules are suspended and the 
resolution is placed upon its immediate passage. 

Passes its second and third readings and is ordered sent to the House 
of Representatives by special messenger. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and 
disposed of as follows: 

H. B. 24, a bill to extend the immunity for reporting cancer to employees 
of physicians, pathologists, hospitals and other medical facilities. 

Referred to Committee on Public Health. 

Upon motion of Senator Bowles, the Senate adjourns to meet tomorrow 
morning at 10:00 o'clock. 



FIFTEENTH DAY 

Senate Chamber, 
Friday, January 31, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 



52 SENATE JOURNAL [Session 

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the 
Senate. 

Senator McGeachy for the Committee on Rules announces that the 
Journal of yesterday has been examined and found to be correct, and upon 
his motion the reading of the Journal is dispensed with and it stands 
approved as written. 

The President thanks the pages and pagettes for their services in the 
Senate this week. 

APPOINTMENTS 

The President announces the appointment of the following standing 
committees: 

Committee on Banking: Senators S. Warren of Sampson, Chairman; 
Ellis, Vice Chairman; Bagnal, Vice Chairman; Bailey, Bowles, Coggins, 
Currie, Dent, Folger, Kirby, MacLean, Moore, Sapp, Saunders, L. Warren 
of Wayne, Wood. 

Committee on Manufacturing, Labor and Commerce: Senators Staton, 
Chairman; Rauch, Vice Chairman; Coggins, Currie, Flaherty, Griffin, Har- 
rington, Larkins, MacLean, Murrow, Wilkie. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
places on the Calendar, as follows: 

By Senator J. White of Cleveland, for the Committee on Local Govern- 
ment: 

S. B. 39, a bill to amend Chapter 302 of the Session Laws of 1967, by 
changing and enlarging the membership of board of directors and in- 
creasing benefits payable under the supplementary pension fund for fire- 
men in the town of Mount Airy, with a favorable report. 

S. B. 33, a bill to amend General Statutes 105-345 relating to ad valorem 
property tax penalties and discounts in the town of Drexel, with a favorable 
report 

S. B. 37, a bill to grant zoning authority outside the city limits to the 
city limits to the town of Mount Pleasant in Cabarrus County, with a 
favorable report, as amended. 

Upon motion of Senator J. White of Cleveland, the amendment offered 
by the Committee is adopted. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator Wilkie: S. B. 52, a bill to amend General Statutes 20-11, 
General Statutes 20-88.1 and General Statutes 115-202 to provide for night 
driving experience for students in the driver education courses. 

Referred to Committee on Highway Safety. 



1969] SENATE JOURNAL 53 

By Senator J. White of Cleveland: S. B. 53, a bill to permit a referendum 
in municipalities concerning the sale of alcoholic beverages. 

Referred to Committee on Alcoholic Beverage Control. 

By Senator Bailey: S. B. 54, a bill to raise the salary or per diem of 
certain officials of the General Court of Justice. 

Referred to Committee on Appropriations. 

By Senator McGeachy: S. B. 55, a bill to amend Chapter 120 of the 
General Statutes so as to establish the Legislative Intern Program Council, 
and to enable such council to promulgate and adopt a plan for legislative 
interns and further providing for the funding of such program. 

Referred to Committee on Rules. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 21, a bill to rewrite Chapter 630, Session Laws of 1967, so as to 
provide for the at large nomination and election of members of the board 
of education of Onslow County. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 5, a bill to make certain technical and clarifying amendments to 
General Statutes Chapter 9, "Jurors". 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

Upon motion of Senator Robinson, the Senate adjourns to meet tomorrow 
morning at 9:30 o'clock, at which time only Public Local bills will be con- 
sidered, and adjournment will be until Monday evening at 8:00 o'clock. 



SIXTEENTH DAY 

Senate Chamber, 
Saturday, February 1, 1969. 

The Senate meets pursuant to adjournment, and in the absence of 
Lieutenant Governor H. Patrick Taylor, Jr. and President Pro Tempore N. 
Hector McGeachy, Jr., the Principal Clerk, Roy Rowe, calls Senator Coggins 
to the Chair, who calls the Senate to order and presides during the Session. 

Prayer is offered by Mr. Bob Farrington of Raleigh. 

Senator Bailey for the Committee on Rules announces that the Journal 
of yesterday has been examined and found to be correct, and upon his 
motion the reading of the Journal is dispensed with and it stands approved 
as written. 

Upon motion of Senator Bailey, the Senate adjourns to meet Monday 
evening at 8 o'clock. 



54 SENATE JOURNAL [Session 

SEVENTEENTH DAY 

Senate Chamber, 
Monday, February 3, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the 
Senate. 

Senator McGeachy for the Committee on Rules announces that the 
Journal of Saturday has been examined and found to be correct, and upon 
his motion the reading of the Journal is dispensed with and it stands 
approved as written. 

The President extends the courtesies of the galleries to Boy Scout Troop 
No. 202 of Merry Oaks, and to Mr. W. A. Wood, Scoutmaster. 

The President grants leave of absence to Senator Dent for tonight and 
to Senator Currie for tonight and tomorrow, February 4, 1969. 

enrolled bills 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. J. R. 51, a joint resolution honoring the life and memory of Wilbur 
Hoke Currie, former member of the General Assembly. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator Allsbrook: S. B. 56, a bill to amend General Statutes 20-7 (f) 
so as to reward safe drivers by eliminating the requirement for taking 
written and road tests when applying for renewal of operator's license. 

Referred to Committee on Highway Safety. 

By Senator Allsbrook: S. B. 57, a bill to authorize the Supreme Court 
of North Carolina to receive and answer certificates as to state law 
from federal courts. 

Referred to Committee on Judiciary No. 1. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time, and 
disposed of as follows: 

H. B. 32, a bill to modify the motor vehicle restrictions pertaining to 
passing at railroad intersections. 

Referred to Committee on Highway Safety. 

H. B. 36, a bill to amend the charter of the city of Mount Holly so as to 
create a City Council consisting of five members. 

Referred to Committee on Local Government. 



1969] SENATE JOURNAL 55 

H. B. 40, a bill amending Chapter 1073 of the Session Laws of 1959, 
relating to the issuance of pistol permits, so as to make the same applicable 
to Haywood County. 

Referred to Committee on Local Government. 

H. J. R. 70, a joint resolution expressing the gratitude of the General 
Assembly to Mrs. Annie E. Cooper for her services to the State. 

Upon motion of Senator Moore, the rules are suspended and the resolu- 
tion is placed upon its immediate passage. 

Passes its second and third readings and is ordered enrolled. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 33, a bill to amend General Statutes 105-345 relating to ad valorem 
property tax penalties and discounts in the town of Drexel. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 37, a bill to grant zoning authority outside the city limits to the 
town of Mount Pleasant in Cabarrus County. 

Passes its second and third readings as amended, and is ordered en- 
grossed and sent to the House of Representatives. 

S. B. 39, a bill to amend Chapter 302 of the Session Laws of 1967, by 
creasing benefits payable under the supplementary pension fund for fire- 
changing and enlarging the membership of Board of Directors and in- 
men in the town of Mt. Airy. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

Upon motion of Senator Edwards, the Senate adjourns to meet tomorrow 
at 12 M. 



EIGHTEENTH DAY 

Senate Chamber, 
Tuesday, February 4, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain. 

Senator McGeachy for the Committee on Rules announces that the 
Journal of yesterday has been examined and found to be correct, and upon 
his motion the reading of the Journal is dispensed with and it stands 
approved as written. 

The President extends the courtesies of the floor to former Senators 
Adam Whitley of Johnston County and Fred Royster of Vance County. 

Upon motion of Senators Coggins and Bailey, the courtesies of the 
galleries are extended to Mrs. Joseph Brennan and a group of children 
from the New Bern Avenue Day Care Center, Raleigh. 



56 SENATE JOURNAL [Session 

Upon motion of Senator Allen, the courtesies of the galleries are ex- 
tended to the seventh grade of Rogers-Herr Junior High School of Durham 
and their teacher, Miss Vicki Joyner. 

The President grants leave of absence to Senator Staton for today, and 
to Senator Wood for tomorrow, February 5, 1969. 

APPOINTMENTS 

The President announces the following change in appointments to stand- 
ing committees: 

Senator Burney is removed from the Committee on Judiciary No. 1 
and appointed to the Committee on Judiciary No. 2. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Ellis, for the Committee on Judiciary No. 1: 

S. B. 23, a bill to authorize joint appeals from the several boards of 
equalization and review to the State Board of Assessments, with a favor- 
able report. 

By Senator McGeachy, for the Committee on Rules: 

S. B. 55, a bill to amend Chapter 120 of the General Statutes so as to 
establish the Legislative Intern Program Council, and to enable such council 
to promulgate and adopt a plan for legislative interns and further pro- 
viding for the funding of such program, with a favorable report, as 
amended. 

Upon motion of Senator McGeachy, the amendment offered by the Com- 
mittee is adopted. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator James: S. B. 58, a bill to give the members of the police 
departments of all cities, towns and municipalities in Richmond County the 
authority to make arrests and serve criminal process in the territories 
outside the corporate limits for a distance of two and one-half miles. 

Referred to Committee on Local Government. 

By Senator Burney: S. B. 59, a bill to provide for an additional resident 
judge in the fifth judicial district. 

Referred to Committee on Courts and Judicial Districts. 

By Senator Burney: S. B. 60, a bill to amend General Statutes 41-2.1 
relating to maintenance of joint bank accounts with right of survivorship. 

Referred to Committee on Judiciary No. 2. 

By Senator Burney: S. B. 61, a bill to rewrite and clarify the statutory 
limitation-upon-right to perform autopsy. 

Referred to Committee on Judiciary No. 2. 



1969] SENATE JOURNAL 57 

By Senator Edwards: S. B. 62, a bill to amend the income tax laws so 
as to permit the deduction of small contributions to political campaigns. 

Referred to Committee on Judiciary No. 2. 

By Senator Folger: S. B. 63, a bill amending General Statutes 105-4, 
relating to inheritance tax exemptions, so as to provide that the exemp- 
tions for surviving husbands shall be the same as for surviving wives. 

Referred to Committee on Finance. 

By Senator Boger: S. B. 64, a bill to amend General Statutes 1-239 so 
as to permit waiver of notice by attorneys of record in certain cases. 

Referred to Committee on Judiciary No. 2. 

By Senator Poovey: S. B. 65, a bill to require each township to include 
at least one election precinct but to allow additional precincts to encompass 
territory from more than one township. 

Referred to Committee on Election Laws. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and 
disposed of as follows: 

H. B. 23, a bill authorizing the board of education of Greene County to 
convey property to the board of commissioners of Greene County. 

Referred to Committee on Local Government. 

H. B. 25, a bill to fill the vacancy on the Columbus County Board of 
Education and to appoint a member to said board. 

Upon motion of Senator Robinson, the rules are suspended and the bill 
is placed upon its immediate passage. 

Passes its second and third readings and is ordered enrolled. 

H. B. 17, a bill relating to the election of members of the Anson County 
Board of Education so as to decrease the number elected in 1972 from 
three to two and to increase the number elected in 1974 from one to two. 

Referred to Committee on Local Government. 

H. J. R. 74, a joint resolution honoring the life and memory of Franklin 
Wills Hancock, Jr., former member of the General Assembly of North 
Carolina and the United States House of Representatives. 

Upon motion of Senator Griffin, the rules are suspended and the resolu- 
tion is placed upon its immediate passage. 

Passes its second and third readings and is ordered enrolled. 



House of Representatives, 
Tuesday, February 4, 1969. 

Mr. President: 

It is ordered that a message be sent your Honorable Body requesting the 
return for further consideration by the House of Representatives of H. B. 
17, a bill to be entitled an act relating to the election of members of the 
Anson County Board of Education so as to decrease the number elected 



58 SENATE JOURNAL [Session 

in 1972 from three to two and to increase the number elected in 1974 
from one to two. 

Respectfully, 

Jo Ann Smith, Principal Clerk 

Upon motion of Senator Boger, H. B. 17, a bill relating to the election 
of members of the Anson County Board of Education so as to decrease the 
number elected in 1972 from three to two and to increase the number 
elected in 1974 from one to two, is taken from the Committee on Local 
Government and returned to the House of Representatives. 

Upon motion of Senator Saunders, the Senate adjourns to meet tomorrow 
at 12 M. 



NINETEENTH DAY 

Senate Chamber, 
Wednesday, February 5, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain. 

Senator McGeachy for the Committee on Rules announces that the 
Journal of yesterday has been examined and found to be correct, and upon 
his motion the reading of the Journal is dispensed with and it stands 
approved as written. 

The President extends the courtesies of the galleries and the floor to 
former Senator Don Matheson of Orange County and Mrs. Matheson. 

Upon motion of Senator Rauch, the President extends the courtesies of 
the galleries to Mr. Duke England, County Manager of Gaston County, 
and to Mrs. Rose Forrest of Gastonia. 

Upon motion of Senator Penn, the President extends the courtesies of 
the galleries to the Honorable Russell Newman, President of the North 
Carolina Association of County Commissioners. 

The President grants leave of absence to Senator James for tomorrow, 
February 6, 1969, and to Senator Currie for today and the remainder of 
the week. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

H. J. R. 70, a joint resolution expressing the gratitude of the General 
Assembly to Mrs. Annie E. Cooper for her services to the State. 

H. J. R. 74, a joint resolution honoring the life and memory of Franklin 
Wills Hancock, Jr., former member of the General Assembly of North 
Carolina and the United States House of Representatives. 

H. B. 25, an act to fill the vacancy on the Columbus County Board of 
Education and to appoint a member to said Board. 



1969] SENATE JOURNAL 59 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator James, for the Committee on Public Health: 

H. B. 24, a bill to extend the immunity for reporting cancer to employees 
of physicians, pathologists, hospitals and other medical facilities, with a 
favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator Burney: S. B. 66, a bill to correct several separate state 
board, commission and committee authorization acts to conform to General 
Statutes 138-5 with regard to the amount of per diem payments authorized 
for members. 

Referred to Committee on Judiciary No. 2. 

By Senator Burney: S. B. 67, a bill to authorize the dedication of streets 
in partition proceedings. 

Referred to Committee on Judiciary No. 2. 

By Senator James: S. B. 68, a bill to amend General Statutes 18-39(3), 
so as to provide funds to the North Carolina Department of Mental Health 
for education, research, treatment and rehabilitation of alcoholics and 
mentally ill persons, and to provide facilities. 

Referred to Committee on Mental Health. 

By Senators J. White of Cleveland and James: S. B. 69, a bill to amend 
General Statutes 58-254.4 and Chapter 57 of the General Statutes relating 
to group accident and health insurance policies, so as to prohibit the ap- 
plication of coordination of benefits or nonduplication provisions as be- 
tween spouses separately insured under group policies. 

Referred to Committee on Insurance. 

By Senator Staton: S. B. 70, a bill to amend North Carolina General 
Statute 127-106.1, relating to the power of arrest of members of the North 
Carolina National Guard or state defense militia, for the purpose of grant- 
ing members of the North Carolina National Guard or state defense 
militia with immunity from criminal or civil prosecution for any acts 
done in the performance of their duties during time of public disaster 
or crisis. 

Referred to Committee on Veterans and Military Affairs. 

By Senator Dent: S. B. 71, a bill to amend Chapter 121, Private Laws 
of 1931, to provide for the election of the City Council of the city of 
Asheville, and solicitor and judge of police court. 

Referred to Committee on Local Government. 

By Senator MacLean: S. B. 72, a bill to amend the North Carolina Seed 
Law so as to provide an alternative method for collecting funds under 
said Act. 

Referred to Committee on Agriculture. 



60 SENATE JOURNAL [Session 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 23, a bill to authorize joint appeals from the several boards of 
equalization and review to the State Board of Assessments. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 55, a bill to amend Chapter 120 of the General Statutes so as to 
establish the Legislative Intern Program Council, and to enable such Council 
to promulgate and adopt a plan for legislative interns and further pro- 
viding for the funding of such program. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

Upon motion of Senator Gurganus, the Senate adjourns to meet tomorrow 
at 12 M. 



TWENTIETH DAY 

Senate Chamber, 
Thursday, February 6, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Most Reverend Vincent S. Waters, Bishop of 
the Roman Catholic Diocese of Raleigh. 

Senator Moore for the Committee on Rules announces that the Journal 
of yesterday has been examined and found to be correct, and upon his 
motion the reading of the Journal is dispensed with and it stands approved 
as written. 

Upon motion of Senators Joyner and Poovey, the courtesies of the 
galleries are extended to the Public Speaking Class of Maiden High School, 
Maiden, and to their teacher, Mr. Lanny Shelton. 

Upon motion of Senators Henley and McGeachy, the courtesies of the 
galleries are extended to one hundred pupils from the seventh grade of 
the J. W. Coon School of Cumberland County, and to their teacher, Mr. 
Fred Hall. 

Upon motion of Senator Flaherty, the courtesies of the galleries are 
extended to Mr. Lewis Price, Lenoir City Manager, Mr. Charles Poovey, 
Assistant City Manager of Lenoir, and to Mr. Melvin Holmes, Caldwell 
County Manager. 

Upon motion of Senator Wilkie, the courtesies of the galleries are ex- 
tended to Mr. Curtiss Russ, publisher of The Waynesville Mountaineer and 
Highway Commissioner for the Fourteenth Division. 

Upon motion of Senator V. White of Pitt, the President extends the 
courtesies of the galleries to the Reverend Willis W. Wilson of Winterville, 
President of the North Carolina Free Will Baptist Convention and 1969 
Free Will Baptist Minister of the Year; to the Reverend David Hansley, 



1969] SENATE JOURNAL 61 

General Secretary of the Free Will Baptist Convention; and to the Reverend 
Cedric Pierce, Jr., Pastor of Black Jack Church, Greenville. 

The President extends the courtesies of the galleries to Mr. Carl Renfro 
of Wilson, a member of the State Highway Commission. 

Upon motion of Senators Boger and Patterson, the courtesies of the 
galleries are extended to Superior Court Judge Walter E. Brock of 
Wadesboro. 

The President grants leave of absence to Senator Bailey for today, and 
to Senators Joyner, Gurganus, Evans and MacLean for tomorrow, February 
7, 1969. 

The President recognizes Senator Saunders who was voted "The Most 
Admired Man in Moore County" in an election sponsored by The Sandhill 
Citizen and The Robbins Record, weekly newspapers published in Moore 
County. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator J. White of Cleveland, for the Committee on Local Govern- 
ment: 

S. B. 20, a bill relating to the Forsyth County Peace Officers' Association, 
with a favorable report, as amended. 

H. B. 23, a bill authorizing the board of education of Greene County to 
convey property to the board of commissioners of Greene County, with a 
favorable report. 

By Senator Ellis, for the Committee on Judiciary No. 1: 

S. B. 25, a bill to rewrite General Statutes 115-125 relating to the con- 
demnation of land for school purposes so as to increase the maximum size 
of such sites to fifty acres, with a favorable report. 

By Senator J. White of Cleveland, for the Committee on Loval Govern- 
ment: 

H. B. 40, a bill amending Chapter 1073 of the Session Laws of 1959, 
relating to the issuance of pistol permits, so as to make the same applicable 
to Haywood County, with a favorable report. 

By Senator Boger, for the Committee on Judiciary No. 2: 

S. B. 45, a bill to amend General Statutes 14-128 and General Statutes 
14-134.1 so as to increase penalty for violations, with a favorable report, 
as amended. 

S. B. 61, a bill to rewrite and clarify the statutory limitation upon right 
to perform autopsy, with a favorable report. 

S. B. 64, a bill to amend General Statutes 1-239 (b) so as to permit 
waiver of notice by attorneys of record in certain cases, with a favorable 
report. 

S. B. 66, a bill to correct several separate state board, commission and 
committee authorization acts to conform to General Statutes 138-5 with 
regard to amount of per diem payments authorized for members, with a 
favorable report, as amended. 



62 SENATE JOURNAL [Session 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator Scott: S. B. 73, a bill to amend General Statutes 20-7 (f) to 
permit a person temporarily residing outside North Carolina to renew an 
operator's license by mail. 

Referred to Committee on Highway Safety. 

By Senator Rauch, Coggins, Ellis, Penn, Henley and Bowles: S. B. 74, 
a bill to amend Article 2 of Chapter 20 to provide for suspension of opera- 
tor's license of provisional licensee for dropping out of school. 

Referred to Committee on Highway Safety. 

By Senator Burney: S. B. 75, a bill to permit written declarations in lieu 
of oaths before an officer. 

Referred to Committee on Judiciary No. 2. 

By Senator Burney: S. B. 76, a bill to provide for instruments to secure 
future advances and future obligations. 

Referred to Committee on Judiciary No. 2. 

By Senator Burney: S. B. 77, a bill to amend the laws relating to 
mechanics and materialmen's liens. 

Referred to Committee on Judiciary No. 2. 

By Senator Burney: S. B. 78, a bill to correct certain errors in the 
General Statutes. 

Referred to Committee on Judiciary No. 2. 

By Senators Ellis, Staton and Gurganus: S. B. 79, a bill to increase from 
$5,000 to $15,000 the civil jurisdiction of the district court division of the 
General Court of Justice. 

Referred to Committee on Courts and Judicial Districts. 

By Senator McGeachy: S. J. R. 80, a joint resolution inviting His Ex- 
cellency, the Governor, to address a Joint Session of the Senate and 
House of Representatives at 12:30 p.m., Wednesday, February 12, 1969. 

Upon motion of Senator McGeachy, the rules are suspended and the 
resolution is placed upon its immediate passage. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and 
disposed of as follows: 

H. J. R. 89, a joint resolution honoring the memory of Isaac Peter Davis. 

Referred to Committee on Rules. 

H. J. R. 91, a joint resolution honoring the life and memory of John 
Wesley Umstead, Jr. 

Upon motion of Senator Wood, the rules are suspended and the resolu- 
tion is placed upon its immediate passage. 

Passes its second and third readings and is ordered enrolled. 



1969] SENATE JOURNAL 63 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

H. B. 24, a bill to extend the immunity for reporting cancer to employees 
of physicians, pathologists, hospitals and other medical facilities. 

Upon motion of Senator Allsbrook, consideration of the bill is postponed 
until tomorrow, February 7, 1969. 

Upon motion of Senator Larkins, the Senate adjourns to meet tomorrow 
morning at 10:00 o'clock. 



TWENTY-FIRST DAY 

Senate Chamber, 
Friday, February 7, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain. 

Senator McGeachy for the Committee on Rules announces that the 
Journal of yesterday has been examined and found to be correct, and upon 
his motion the reading of the Journal is dispensed with and it stands 
approved as written. 

The President grants leave of absence to Senator Dent for today and 
to Senator Johnson for Monday, February 10, 1969. 

APPOINTMENTS 

The President announces the appointment of the following standing 
committee: 

Committee on Election Laws: Senators Norton, Chairman; Kirby, Vice- 
Chairman; Boger, Bowles, Briggs, Ellis, James, Moore, Nielson, Scott. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of as follows: 

H. J. R. 92, a joint resolution honoring the memory of Zebulon Vance 
Norman. 

Referred to Committee on Rules. 

H. J. R. 95, a joint resolution honoring the memory of B. C. Brock, 
former legislator. 

Referred to Committee on Rules. 

H. J. R. 103, a joint resolution opposing the Federal Communications 
Commission's regulation prohibiting cigarette advertising on radio and 
television. 

Upon motion of Senator Kirby the rules are suspended and the bill is 
placed upon its immediate passage. 

Passes its second and third readings and is ordered enrolled. 



64 SENATE JOURNAL [Session 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 20, a bill relating to the Forsyth County Peace Officers' Association. 

Upon motion of Senator J. White of Cleveland, the amendment offered 
by the Committee is adopted. 

The bill, as amended, passes its second and third readings and is 
ordered engrossed and sent to the House of Representatives. 

S. B. 25, a bill to rewrite General Statutes 115-125 relating to the con- 
demnation of land for school purposes so as to increase the maximum size 
of such sites to fifty acres. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 45, a bill to amend General Statutes 14-128 and General Statutes 
14-134.1 so as to increase penalty for violations. 

Upon motion of Senator Boger the Committee amendments are adopted. 

Upon motion of Senator Boger consideration of the bill is postponed 
until Monday, February 10, 1969. 

S. B. 61, a bill to rewrite and clarify the statutory limitation-upon-right 
to perform autopsy. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 64, a bill to amend General Statutes 1-239 (b) so as to permit 
waiver of notice by attorneys of record in certain cases. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 66, a bill to correct several separate state board, commission and 
committee authorization acts to conform to General Statutes 138-5 with 
regard to the amount of per diem payments authorized for members. 

Upon motion of Senator Boger the Committee amendment is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

H. B. 23, a bill authorizing the board of education of Greene County to 
convey property to the board of commissioners of Greene County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 24, a bill to extend the immunity for reporting cancer to employees 
of physicians, pathologists, hospitals and other medical facilities. 

Passes its second and third readings and is ordered enrolled. 

H. B. 40, a bill amending Chapter 1073 of the Session Laws of 1959, 
relating to the issuance of pistol permits, so as to make the same applicable 
to Haywood County. 

Passes its second and third readings and is ordered enrolled. 

Upon motion of Senator Allsbrook, the Senate adjourns to meet tomorrow 
morning at 9:30 o'clock, at which time only Public Local bills will be con- 
sidered, and adjournment will be until Monday evening at 7:30 o'clock. 



1969] SENATE JOURNAL 65 

TWENTY-SECOND DAY 

Senate Chamber, 
Saturday, February 8, 1969. 

The Senate meets pursuant to adjournment, and in the absence of 
Lieutenant Governor H. Patrick Taylor, Jr. and President Pro Tempore N. 
Hector McGeachy, Jr., the Principal Clerk, Roy Rowe, calls Senator Coggins 
to the Chair, who calls the Senate to order and presides during the Session. 

Prayer is offered by Mrs. Annie Jo Howell of Raleigh. 

Senator Poovey, for the Committee on Rules, announces that the Journal 
of yesterday has been examined and found to be correct, and upon his 
motion the reading of the Journal is dispensed with and it stands approved 
as written. 

Upon motion of Senator Poovey, the Senate adjourns to meet Monday 
evening at 7:30 o'clock. 



TWENTY-THIRD DAY 

Senate Chamber, 
Monday, February 10, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain. 

Senator McGeachy for the Committee on Rules announces that the 
Journal of Saturday has been examined and found to be correct, and upon 
his motion the reading of the Journal is dispensed with and it stands 
approved as written. 

The President recognizes and extends the courtesies of the galleries to 
Mr. B. H. Byerly and Dr. J. H. Byerly of Sanford, Dr. and Mrs. Claude 
Byerly of Siler City, Mr. and Mrs. Charles T. Byerly and Dr. and Mrs. 
Charles T. Byerly, Jr. and children of Durham, members of the family of 
the late S. Ray Byerly, who served as Principal Clerk of the Senate from 
1937 to 1967, inclusive. 

The President grants leave of absence to Senators Harrington and 
Patterson for tonight. 

REPORT OF COMMITTEE 

Senator McGeachy for the Committee on Rules recommends that Rule 
No. 32 be amended as follows: 

By changing the title "Committee on Rules" to "Committee on Rules and 
Operation of the Senate." 

Upon motion of Senator McGeachy, the recommendation of the Committee 
on Rules is adopted. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 



66 SENATE JOURNAL [Session 

H. J. R. 91, a joint resolution honoring the life and memory of John 
Wesley Umstead, Jr. 

S. J. R. 80, a joint resolution inviting His Excellency, the Governor, to 
address a Joint Session of the Senate and House of Representatives at 
12:30 p.m., February 12, 1969. 

H. J. R. 103, a joint resolution opposing the Federal Communications 
Commission's regulation prohibiting cigarette advertising on radio and tele- 
vision. 

S. B. 21, an act to rewrite Chapter 630, Session Laws of 1967, so as to 
provide for the at-large nomination and election of members of the board 
of education of Onslow County. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senators Staton and Allsbrook: S. J. R. 81, a joint resolution com- 
memorating the life and memory of S. Ray Byerly. 

Upon motion of Senator Staton, the rules are suspended and the resolu- 
tion is placed upon its immediate passage. 

Passes its second and third readings and is ordered sent to the House of 
Representatives by special messenger. 

Upon motion of Senator Staton, S. J. R. 81, a joint resolution com- 
memorating the life and memory of S. Ray Byerly, is ordered spread upon 
the Journal, as follows: 

S. J. R. 81, a joint resolution commemorating the life and memory of 
S. Ray Byerly. 

WHEREAS, S. Ray Byerly was born in Lee County, North Carolina, on 
the 21st day of June, 1903, and died unexpectedly at the age of 64 years 
on the 5th day of November, 1967, after a lifetime of unselfish and dis- 
tinguished service to his native County of Lee and State of North Carolina; 
and 

WHEREAS, Mr. Byerly was a graduate of Wake Forest College and 
the Wake Forest Law School; and 

WHEREAS, Mr. Byerly was an outstanding member of the Lee County 
Bar and the North Carolina Bar Associations; and 

WHEREAS, Mr. Byerly served as Judge of the Lee County Recorders 
Court for 18 years; and 

WHEREAS, Mr. Byerly was an active member of the First Baptist 
Church of Sanford and gave freely of his time and talents in numerous 
community projects; and 

WHEREAS, Mr. Byerly was Principal Clerk of the Senate of the State 
of North Carolina continuously from 1937 until the time of his death on 
the 5th day of November, 1967; and 

WHEREAS, Mr. Byerly was highly regarded as a parliamentarian and 
contributed immeasurably to the work of the State Senate; and 

WHEREAS, by his untiring and devoted public service to the North 
Carolina Senate, Mr. Byerly contributed immeasurably to the constructive 
progress of the State of North Carolina; and 



1969] SENATE JOURNAL 67 

WHEREAS, in the death of Mr. Byerly, the State of North Carolina has 
suffered the loss of an outstanding citizen, attorney and public servant; 
and 

WHEREAS, the Senate wishes to record its appreciation of his life and 
his contribution to this body and to the State of North Carolina and to 
express its sympathy to his family: 

NOW, THEREFORE, be it resolved by the Senate, the House of Repre- 
sentatives concurring: 

Section 1. That in the death of S. Ray Byerly the State of North Caro- 
lina and Lee County have lost an outstanding' public servant, an eminently 
able parliamentarian, and an outstanding, useful, loyal citizen. 

Sec. 2. That the Senate has sustained an incalculable loss. 

Sec. 3. That the General Assembly does hereby express its apprecia- 
tion of S. Ray Byerly as a devoted public servant and citizen, and does 
hereby extend its sympathy to his family for the loss of its distinguished 
member. 

Sec. 4. That this Resolution shall become a part of the Public Record of 
the 1969 Session of the General Assembly, and a copy shall be duly certified 
by the Secretary of State and forthwith transmitted to the family of Mr. 
Byerly. 

Sec. 5. That this Resolution shall become effective upon its adoption. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 44, a bill to amend the charter of the city of Lenoir, Chapter 487 
of the Session Laws of 1967, to fix the organization meeting of the city 
council. 

Referred to Committee on Local Government. 

H. B. 56, a bill to make the eight year statute of limitations on ad 
valorem tax refunds contained in General Statutes 105-405.1 applicable in 
Cumberland County and Fayetteville by repealing Chapter 676 of the 
Session Laws of 1959. 

Referred to Committee on Local Government. 

H. B. 64, a bill to amend General Statutes 143-117 relating to payment of 
costs by patients at certain state institutions so as to include the North 
Carolina Sanatorium System. 

Referred to Committee on Public Health. 

H. B. 76, a bill amending General Statutes 47-17.1 so as to require that 
certain papers and documents registered in Pitt County show thereon the 
name of the draftsman. 

Referred to Committee on Local Government. 

H. B. 77, a bill amending General Statutes 30-15 so as to increase the 
year's allowance of a surviving spouse to two thousand dollars. 

Referred to Committee on Judiciary No. 1. 



68 SENATE JOURNAL [Session 

H. J. R. 105, a joint resolution honoring the memory of Benjamin Eagles 
Fountain, former legislator. 

Upon motion of Senator V. White of Pitt, the rules are suspended and 
the resolution is placed upon its immediate passage. 

Passes its second and third readings and is ordered enrolled. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 45, a bill to amend General Statutes 14-128 and General Statutes 
14-134.1 so as to increase penalty for violations. 

Upon motion of Senator Boger, consideration of the bill is postponed 
until Wednesday, February 12, 1969. 

Upon motion of Senator Burney, the Senate adjourns to meet tomorrow 
at 12 M. 



TWENTY-FOURTH DAY 

Senate Chamber, 
Tuesday, February 11, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by Reverend Russell B. Fleming, Senate Chaplain. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and 
found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

The President extends the courtesies of the galleries to Mr. J. Marse 
Grant, Editor of The Biblical Recorder, and to a group of Baptist editors 
and executive secretaries from thirty states of the Southern Baptist Con- 
vention. 

Upon motion of Senators Bagnal and Nielson, the President extends the 
courtesies of the galleries to one hundred eighty high school students from 
Winston-Salem under sponsorship of the Winston-Salem Urban League, 
together with their sponsors, Misses Ruth Harris and Johnnie Booker and 
Mr. Benjamin Henderson. 

Upon motion of Senator West, the President extends the courtesies of 
the floor to the Honorable Mary Faye Brumby, former member of the 
Senate and former member of the House of Representatives. 

Upon motion of Senator Griffin, the President extends the courtesies of 
the galleries to the Honorable W. L. Lumpkin of Louisburg, a former 
member of the Senate. 

Upon motion of Senators Saunders and James, the President extends the 
courtesies of the galleries to sixty-six seventh graders of the North 
Davidson Junior High School, Lexington, and to their teacher, Mrs. Mildred 
S. Hill, whose son Eddie is serving as a Senate page this week. 



1969] SENATE JOURNAL 69 

The President announces the appointment of a committee comprised of 
Senators Harrington and Penn to escort the Governor to a Joint Session 
of the Senate and House of Representatives on Wednesday, February 12, 
1969. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. B. 9, an act to repeal Chapter 338 of the Session Laws of 1963 re- 
lating to the boundary lines of the Lenoir school administrative unit. 

H. B. 23, an act authorizing the board of education of Greene County to 
convey property to the board of commissioners of Greene County. 

H. B. 24, an act to extend the immunity for reporting cancer to em- 
ployees of physicians, pathologists, hospitals and other medical facilities. 

H. B. 40, an act amending Chapter 1073 of the Session Laws of 1959, 
relating to the issuance of pistol permits, so as to make the same applicable 
to Haywood County. 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Claude Currie, for the Committee on Alcoholic Beverage 
Control: 

Committee Substitute for S. B. 6, a bill to amend Section 7 of Chapter 413 
of 1963 Session Laws, relating to the Town of Morganton Board of 
Alcoholic Beverage Control, so as to increase the share of net profits 
allocable to finding alcoholism causes and cures and to broaden scope of 
activities authorized therefor and for other purposes, with an unfavorable 
report as to bill, favorable as to committee substitute bill. 

Upon motion of Senator Currie the substitute bill is placed on today's 
Calendar. 

By Senator Bailey, for the Committee on Courts and Judicial Districts: 

S. B. 34, a bill to amend various sections of the General Statutes to take 
into account the existence of the Court of Appeals, with a favorable report, 
as amended. 

By Senator Boger, for the Committee on Judiciary No. 2: 

S. B. 62, a bill to amend the income tax laws so as to permit the de- 
duction of small contributions to political campaigns, with a favorable 
report, as amended. 

Upon motion of Senator Boger the bill is re-referred to Committee on 
Finance. 

S. B. 75, a bill to permit written declarations in lieu of oaths before an 
officer, with a favorable report, as amended. 



70 SENATE JOURNAL [Session 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senators Burney and Evans: S. B. 82, a bill directing the State Board 
of Education to conduct a study as to the feasibility of introducing into 
the public school system curriculum instruction in the environment and 
natural resources and appropriating funds for said study. 

Referred to Committee on Education. 

By Senators Rauch and Coggins: S. B. 83, a bill to amend General 
Statutes 20-179 relating to punishment for driving while under the in- 
fluence of intoxicating liquor or narcotic drugs to mandatorily require, 
upon conviction, active sentences of imprisonment for not less than five 
days and allowing the trial judge to specify the dates and days to be 
served. 

Referred to Committee on Highway Safety. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following message is received from the House of Representatives: 

House of Representatives, 
Tuesday, February 11, 1969. 

Mr. President : 

It is ordered that a message be sent your Honorable Body with the 
information that pursuant to S. R. 80, "A Joint Resolution inviting His 
Excellency, the Governor, to address a Joint Session of the Senate and 
House of Representatives at 12:30 p.m., Wednesday, February 12, 1969." 
The Speaker has appointed on the part of the House of Representatives 
to serve with a like Committee of the Senate, Messrs. Church, Carson, 
Collins and Ridenour. 

Respectfully, 

Jo Ann Smith, Principal Clerk 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

Committee Substitute for S. B. 6, a bill to amend Section 7 of Chapter 
413 of 1963 Session Laws, relating to the Town of Morganton Board of 
Alcoholic Beverage Control, so as to increase the share of net profits 
allocable to finding alcoholism causes and cures and to broaden scope of 
activities authorized therefor and for other purposes. 

Upon motion of Senator Currie the Committee Substitute is adopted. 

Upon motion of Senator Allen, the Senate adjourns to meet tomorrow 
at 12 M. 



1969] SENATE JOURNAL 71 

TWENTY-FIFTH DAY 

Senate Chamber, 
Wednesday, February 12, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Norris L. Fellows, Pastor of Northgate 
Presbyterian Church, Durham. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and 
found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

enrolled bills 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

H. J. R. 105, a joint resolution honoring the memory of Benjamin Eagles 
Fountain, former legislator. 

S. J. R. 81, a joint resolution commemorating the life and memory of 
S. Ray Byerly. 

REPORTS of COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator J. White of Cleveland, for the Committee on Loval Govern- 
ment: 

H. B. 44, a bill to amend the charter of the city of Lenoir, Chapter 487 
of the Session Laws of 1967, to fix the organization meeting of the city 
council, with a favorable report. 

H. B. 56, a bill to make the eight year statute of limitations on ad 
valorem tax refunds contained in General Statutes 105-405.1 applicable in 
Cumberland County and Fayetteville by repealing Chapter 676 of the 
Session Laws of 1959, with a favorable report. 

H. B. 76, a bill amending General Statutes 47-17.1 so as to require that 
certain papers and documents registered in Pitt County show thereon the 
name of the draftsman, with a favorable report. 

S. B. 30, a bill granting ordinance-making authority to counties, with an 
unfavorable report as to bill, favorable report as to Committee substitute 
bill. 

Upon motion of Senator J. White of Cleveland, the bill is placed upon 
today's Calendar. 

By Senator Edwards, for the Committee on Insurance: 

S. B. 42, a bill to amend General Statutes 20-279.21 relating to motor 
vehicle liability policies so as to provide that default judgments taken 
against insureds shall not be used as a basis for judgment against an 



72 SENATE JOURNAL [Session 

insurer unless such insurer has had reasonable notice of the pendency of 
suit against its insured and an opportunity to defend, with a favorable 
report, as amended. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator Allsbrook: S. J. R. 84, a joint resolution creating the Com- 
mission on Reorganization of State Government. 

Referred to Committee on State Government. 

By Senators Allsbrook and Edwards: S. B. 85, a bill to amend the motor 
vehicles law with regard to notation of security interests on titles so as 
to conform to the uniform commercial code. 

Referred to Committee on Judiciary No. 1. 

By Senator James: S. B. 86, a bill to increase and fix tuition fees for 
nonresident students in certain state institutions of higher education. 

Referred to Committee on Higher Education. 

By Senator James: S. B. 87, a bill to amend General Statutes 160-181.2 
so as to include the city of Hamlet in the extraterritorial jurisdiction for 
zoning purposes. 

Referred to Committee on Local Government. 

By Senator Folger: S. B. 88, a bill to authorize the qualified voters of 
the town of Mount Airy to determine whether or not alcoholic beverage 
control stores shall be established in said town and to prescribe the 
disposition of the net profits thereof. 

Referred to Committee on Alcoholic Beverage Control. 

By Senator Staton: S. B. 89, a bill to amend Chapter 614, Session Laws 
of 1965, and General Statutes 153-9(17) relating to notice of closing of 
streets in the city of Sanford. 

Referred to Committee on Local Government. 

By Senators Bailey and Coggins: S. B. 90, a bill to amend Chapter 989, 
Session Laws of 1967, to clarify election procedures in annexed areas. 

Referred to Committee on Local Government. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

Committee Substitute for S. B. 6, a bill to amend Section 7 of Chapter 
413 of 1963 Session Laws, relating to the Town of Morganton Board of 
Alcoholic Beverage Control, so as to increase the share of net profits 
allocable to finding alcoholism causes and cures and to broaden scope of 
activities authorized therefor and for other purposes. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 30, a bill granting ordinance-making authority to counties. 

Upon motion of Senator J. White of Cleveland, the Committee Substitute 
is adopted, and the bill remains upon the Calendar. 



1969] SENATE JOURNAL 73 

S. B. 34, a bill to amend various sections of the General Statutes to take 
into account the existence of the Court of Appeals. 

Upon motion of Senator Bailey, the amendment offered by the Com- 
mittee is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 45, a bill to amend General Statutes 14-128 and General Statutes 
14-134.1 so as to increase penalty for violations. 

Upon motion of Senator MacLean, the bill is re-referred to the Com- 
mittee on Judiciary No. 2. 

S. B. 75, a bill to permit written declarations in lieu of oaths before an 
officer. 

Upon motion of Senator Boger, the amendment offered by the Committee 
is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following message is received from the House of Representatives: 

House of Representatives, 
February 12, 1969. 
Mr. President : 

It is ordered that a message be sent your Honorable Body with the 
information that pursuant to S. R. 80, "A Joint Resolution inviting His 
Excellency, the Governor, to address a Joint Session of the Senate and 
House of Representatives at 12:30 P.M., February 12, 1969," the House 
of Representatives stands ready to receive the Senate in Joint Session at 
the hour appointed. 

Respectfully, 

Jo Ann Smith, Principal Clerk 

Upon motion of Senator McGeachy, the Senate recesses to meet in Joint 
Session with the House of Representatives for the purpose of receiving the 
Governor's Budget Message, and upon his motion upon dissolution of the 
Joint Session, the Senate stands adjourned to meet tomorrow at 12 M. 

JOINT SESSION 

The Senate is received by the members of the House of Representatives 
standing, and the Joint Session is called to order by Lieutenant Governor 
H. Patrick Taylor, Jr. 

The President recognizes Senator Harrington, who presents His Ex- 
cellency, Governor Robert W. Scott, who delivers the following address: 

Mr. President, Mr. Speaker, Members of the General Assembly of North 
Carolina : 

The Executive Budget Act requires the Governor of North Carolina to 
come before the General Assembly to present a recommended budget for 
the coming biennium. 



74 SENATE JOURNAL [Session 

The proposed budget must, by law, be balanced with respect to income 
and expenditures. This requirement is wise and it has saved us many 
headaches and helped us to avoid many pitfalls. It has been a big factor 
in maintaining fiscal responsibility. It has enabled us to enjoy the highest 
credit rating available to state governments, something that few other 
states can claim. The "balanced budget" requirement of our law must not 
be altered. 

I appear before you today to report that the government of North 
Carolina is financially sound in every respect. Revenues have exceeded 
expenditures during the past eighteen months. Careful budgeting by the 
1967 General Assembly and prudent spending during the current biennium 
will enable us to anticipate a credit general fund balance on June 30, 1969 
of approximately $127,431,000. 

It should be stated clearly that this is not a surplus. The sum represents 
receipts over expenditures and reversion of unexpended appropriated funds. 
It will be carried forward into the coming biennium and has already been 
included in the construction of the recommended budget. 

On your desks when this General Assembly convened you found four 
budget documents: the "A" Budget, representing the money needed to 
maintain current programs at their present level of operation; the "B" 
Budget, representing the requests and recommendations to improve and 
expand current programs and to establish new programs; the "C" Budget, 
representing requests and recommendations for specific capital improve- 
ments; and the Budget Summary, which also contains the budget state- 
ments. 

The budget recommendations presented to you on January 15 are those 
of the administration of my predecessor, Governor Moore. It was compiled 
by the Advisory Budget Commission after many hours of hearing testimony 
by state agencies and visits to state institutions and facilities throughout 
North Carolina. A tremendous amount of time and effort by the Advisory 
Budget Commission, the Budget Division staff, the previous Director of 
Administration and administrators of state agencies have gone into the 
making of that budget and I commend them for it. 

The budget process in North Carolina is cumbersome and slow, but I 
doubt that there is a state budget anywhere that is more carefully 
scrutinized and analyzed than ours. The taxpayer of North Carolina can 
rightfully feel that their tax dollar is very carefully weighed before 
being appropriated. 

I commend the "A" budget to you and recommend its adoption. 

The General Fund "B" budget requests totaled more than $523,910,452 
as state agencies sought money to expand present programs or to initiate 
new ones. 

The recommendations found in the "B" budget, however, totaled only 
$173,444,097. This was a great disappointment to many. But the recom- 
mendations represented the best judgment of the previous administrations 
in appropriating the estimated available funds, including the anticipated 
general fund credit balance of $127,431,000. 

I have examined carefully this proposed "B" budget. Department heads 
have talked with me and my staff of their needs. 



1969] SENATE JOURNAL 75 

I have received much correspondence from citizens who have expressed 
concern for certain items which were not included. 

After careful review, I conclude that the recommendations found in the 
"B" budget can be justified and are very much needed. Therefore, I commend 
those recommendations to you and urge their adoption. 

But I find that additional appropriations are essential to the progress 
of our State. 

We cannot turn our backs on the times, nor can we simply mark time and 
allow the measure of our advance to slip away from us. Most important 
of all, however, we cannot forfeit our future. 

We must indeed make a greater investment in that future; first, by as- 
suring good health, both physical and mental, for all our people and 
especially for our children. 

Second, we must provide a greater economy potential for our people, 
especially the young who are potential dropouts rather than self-supporting 
citizens. And third, we need to give great help to our communities so 
they may go forward in peace and harmony. 

To this end I am asking that expanded programs in mental health be 
initiated, that a rejuvenated vocational education program be provided in 
the middle grades in our schools; that a Department of Community 
Affairs be created to give assistance to community development; and that 
our Good Neighbor Council be enlarged and given sufficient funds in 
prospective programs in human relations. 

I will have more to say about these and other programs later in this 
message, because these are steps that must be taken to protect our invest- 
ment in the future of North Carolina. 

CAPITAL IMPROVEMENTS 

The general fund "C" budget, often called the "bricks and mortar" 
budget, recommends that a total $55,957,082 be allocated for capital ex- 
penditures. This does not, of course, meet nearly all the needs of our State 
which is growing rapidly. Again, however, it represents the best judgment 
for the wise use of available funds by the previous administration. I 
recommend the adoption of the "C" budget recommendations. 

The total requests from all sources by all agencies for capital improve- 
ments is $400,005,999. The "C" budget recommends an appropriation from 
all funds of $89,636,082, leaving a balance of unmet needs of $310,369,917. 

We cannot realistically meet all of these needs, even with a capital 
improvements bond issue. 

As much as I would like to get on with the building of many new 
facilities for our educational institutions, mental hospitals and other needed 
service agencies, I do not recommend a capital improvements bond issue 
at this time. 

The current bond market and interest rates present a very difficult 
situation for a new bond issue. Interest rates have reached all-time peaks 
for the past fifty years and are currently holding at that level. The cost 
to the State for a bond issue would likely be the highest in our history. 
Hopefully, interest rates will not exceed their present level and, before the 



76 SENATE JOURNAL [Session 

next General Assembly meets, will recede somewhat. Perhaps a bond issue 
can be considered at that time. 

You will recall that the General Assembly of 1967 appropriated in excess 
of $110 million from the general fund for capital improvements which did 
not include over 75 million dollars from self-liquidating, federal and other 
funds. Much of this construction is still going on and the buildings are yet 
to be used. Further, I am convinced that many of our institutions of 
higher education can make more efficient use of their classroom space. 

I do ask, however, that you add to the "C" budget from the general fund 
the sum of $2,500,000 for capital improvements. This money would be used 
to provide buildings and equipment to treat mentally retarded infants, 
house the School of Allied Health Professions at East Carolina University 
and a livestock and poultry disease diagnostic laboratory. 

There are many more capital improvements which are very much needed 
and which can be justified, but I do not feel that these can be funded from 
general fund revenues. The pressing needs of our colleges and universities, 
the medical school at Chapel Hill, our mental institutions, prison system, 
parks and all the others can only be met by a capital improvements bond 
issue which, in all honesty and with great reluctance, I cannot recommend 
at this time. 

I return now to a consideration of the "B" budget — the budget that pro- 
vides for new programs and the improvement of current programs. 

The thrust of my administration will be to look to the future and prepare 
for it. This will require sharp emphasis upon comprehensive long-range 
planning. It will require efforts now to assist local governments in finding 
ways to meet their increasing complex problems. 

The core of this program will be a new department of state government 
to provide expanded service to local governments. It is not intended to be a 
regulatory agency but one that will assist our counties and towns, particu- 
larly the smaller ones without the needed staff or budget, to plan for the 
future and to get the maximum benefit from the multitude of federal 
funds available. 

The nucleus of this department already exists in our state government. 
By the pulling together into one department those programs already 
existing, there will be a net reduction in the number of separate agencies, 
something that is to be highly desired. 

I consider the establishment of this Department of Local Affairs to be a 
high priority item. 

I recommend that state employees under the State Personnel Act be 
given an average 10 percent salary increase on a graduated scale, with 
those in the lower salary range receiving a greater percentage than those 
in the higher range. To me, the "across the board" principle is not always 
equitable. 

Comparable salary increases should also go to those not under the State 
Personnel Act, such as school bus mechanics, extension service secretaries, 
etc. 

Much has been said about bringing teacher salaries up to the national 
average. That is my goal. But it cannot be accomplished entirely during 



1969] SENATE JOURNAL 77 

this biennium. Instead, the goal of a national average for our teachers 
must come in two steps, one in this biennium and one in the next. 

The current "B" budget recommends a salary increase of 5% in 1969 
and another 5% in 1970. I am recommending that this figure be doubled 
to ten and ten. This will require $50,633,565 over and above that presently 
recommended. I believe that is all the State can afford at the moment. 

We must remember that it is exceedingly difficult for us to pay the 
national average for our professional educational people when our citizens, 
who must foot the bill, do not have anywhere near the national average 
personal income from which to pay taxes. 

Further, when we speak of increasing educational salaries, we are 
talking about almost 45 percent of the General Fund budget for teachers 
alone. 

Nevertheless, we must reach the goal during this administration. This 
recommended increase will bring it within our grasp two years hence. 

While we are on this subject of teacher salaries, I suggest that when 
we reach the national average figure, that there be a method devised to 
pay an educator according to his worth. Many are better than average. 
Others are below. It doesn't seem equitable that they all be paid the same. 
The better teachers are penalized and the poor ones are subsidized and 
the child in the classroom is the victim of the system. 

I am recommending a salary increase of eight percent the first year 
and an additional eight percent the second year of the biennium for faculty 
salary increases at our institutions of higher learning. This will cost about 
$7,500,000 in addition to the present recommendations for this group of 
employees. 

For faculty salary increases in our community college system, I am 
recommending eight percent the first year and eight percent the second 
year of the biennium, which will cost over $3,000,000 beyond the "B" budget 
recommendations. 

I feel it is only fair to provide school bus transportation for children 
who live in urban areas just as we have had for rural students for many 
years. All parents, regardless of where they live, pay the cost of our 
school transportation system. 

Further, I believe it is imperative that we provide school bus trans- 
portation for special education systems — those who must travel to another 
school to attend classes for the emotionally disturbed, the educable mentally 
retarded and the physically handicapped. 

Therefore, I am recommending that $3,298,552 be appropriated for urban 
student school transportation and an additional $735,847 be appropriated 
to provide school bus transportation for handicapped children. 

School dropouts continue to be a serious problem in our educational pro- 
gram. It is a definite factor in our low per capita income. Somehow we 
must find the means to interest our children in continuing their education. 

A comprehensive program of occupational education for children in the 
middle grades will be a giant step toward reducing the school dropout 
problem. Adding more teachers to already existing vocational programs 
will not solve this problem. We cannot implement this program all at once, 



78 SENATE JOURNAL [Session 

but we can begin. A workable course of study and plans to implement it are 
presently underway in the Department of Public Instruction. 

Therefore, I recommend that the sum of $4,000,000 be set aside in a 
reserve fund to be held in the Budget Division to be released to the De- 
partment of Public Instruction when the plan is ready to implement. 

I further urge that the State Board of Education re-examine the entire 
vocational education program to this end that our students may be offered 
a wider variety of opportunities in this area. I am concerned that the 
student receives vocational training, industrial training and occupation 
guidance in keeping with a modern North Carolina and that we prepare 
him for life in his future rather than in our present. 

Expanded programs for retarded children and mental health generally 
will require about $2,310,000 additional appropriations. 

A major need in North Carolina today is to strengthen the hand of our 
law enforcement agencies. This can be done to some extent by tightening 
up and clarifying the criminal laws in our State. 

With a growing population, however, and the increased incidence of 
crime, especially the use of drugs among our young people, it is urgent that 
we provide better equipment and more manpower for our law enforcement 
agencies. 

To improve our efforts in law and justice in North Carolina, I am 
recommending that $3,025,000 be appropriated in this general area. These 
funds will be used primarily to implement the Police Information Network 
(PIN) linking all of our law enforcement agencies together, and more 
manpower and better equipment for the State Bureau of Investigation. 

The Governor's Coordinating Council on the Aging has completed a 
comprehensive study on the problems and needs of our elder citizens in 
North Carolina. I commend this report to you. 

Inasmuch as the state provides no benefits to senior citizens in the low 
income brackets, those who need assistance the most, I am recommending 
that a tax refund of $25.00 be given to all persons 65 years of age or older 
who have income of less than $3,000 annually. This program will result in 
a loss to the general fund of $16,000,000 for the biennium. 

There are many single people today who cannot qualify for a head of 
household exemption, but who are maintaining a house or apartment for 
themselves. This is an inequitable tax. I recommend, therefore, that single 
people be granted state income tax exemptions equal to those presently 
receiving the $2,000 exemptions. This will result in a net loss from the 
general fund for the biennium of $5,000,000. 

Other additions to the "B" budget recommendations that I propose in- 
clude funds to upgrade and strengthen the Good Neighbor Council, provide 
a beginning for a State zoo, funds to match anticipated Federal grants in 
the new area of marine sciences and for soil and water conservation pro- 
grams. This will call for $3,515,000 additional money. 

The additions to the "B" budget that I have recommended add up to 
slightly over $92,000,000. 

Add to this the $21,000,000 loss in general fund revenue from tax relief 
recommendations and the $2,500,000 for capital improvements, and we have 



1969] SENATE JOURNAL 79 

the grand total of $115,865,665 in additional revenues needed for our 
General Fund. 

An additional $5,000,000 will be required from the highway fund to meet 
the salary increases proposed for state employees generally, but whose 
salary comes from highway revenues. 

TAX RECOMMENDATIONS 

I recommend to this General Assembly that the money to implement my 
recommendations to you be provided from the following sources. All figures 
are for the biennium. 

An additional 10 percent tax on liquor which will yield $26,000,000. 

An increase in the tax rate on beer by 1.5 cents per bottle over six 
ounces but less than 12 ounces and equivalent rates on other quantities 
with the State to retain all additional revenue. This will yield $15,000,000. 

A tax on cigarettes at the rate of five cents per package of twenty will 
yield $50,000,000. 

A tax on cigars of two cents each will yield $7,000,000. 

An increase of one-half of one percent in all rates on insurance premiums 
will yield $10,000,000. 

An increase in the sales tax on motor vehicles, boats and locomotives 
from the present 1.5 percent to 2 percent with the maximum remaining 
at $120 will yield $8,500,000. 

An increase in bank excise tax rates from the present 4.5 percent to 
6 percent will yield $1,000,000. 

An increase by one-fourth in the rates at which Building and Loan 
Associations are taxed will yield $1,000,000. 

These recommended sources and rates will provide $118,500,000 for the 
General Fund. 

The enactment of these recommendations will meet my recommended 
additional General Fund expenditures and provide a cushion of over 
$2,500,000. 

HIGHWAY FUND 

We must have more money for road construction and maintenance. Costs 
for both maintenance and new construction have risen sharply, at a far 
greater rate than our highway revenues. In addition, the increasing oper- 
ating costs of the Department of Motor Vehicles, including the adding of 
highway patrolmen, continues to drain away funds that most people believe 
are available for roads. 

Most of the requests, verbally and by mail, coming to my office are pleas 
from our citizens to improve our roads, both primary and secondary. 

A thorough study by a commission named by Governor Moore reveals 
that under our present system of financing highway costs, there will be no 
money left from state funds for new construction by 1974. 

I repeat, we must have money for roads. 

Therefore, I strongly recommend that motor fuel taxes be increased by 
two cents per gallon and that license taxes on automobiles, trucks and 
other vehicles be increased by one-fourth. 



80 SENATE JOURNAL [Session 

The motor fuel tax will provide $88,000,000 and the increase in license 
fees will yield $21,000,000 for a total income to the Highway Fund of 
$109,000,000 for the biennium. 

I point out that this figure would yield more funds for the highway de- 
partment during my administration than the $200 million secondary road 
bond issue passed during my father's administration. Of course, it will 
not go nearly as far because of inflation, higher engineering requirements 
and also, these funds will not be earmarked for secondary roads alone. 

Now, let me comment with respect to my recommendations for a tax 
on cigarettes. 

First of all, I would not have recommended a cigarette tax if I had 
any reason to believe that such action would hurt the tobacco warehouse- 
man or the tobacco manufacturer, and especially the tobacco grower. 

It will not, and anyone who thinks it through knows it will not. 

First of all, we are talking about only two percent of the flu-cured 
tobacco grown in North Carolina. 

This amount is sold in the State, whereas 98 percent of the crop is sold 
elsewhere and is already taxed. 

A five cent tax on two percent of the crop is not going to affect sales. 

Tobacco prices are supported by the Federal Government. There is a 
floor underneath tobacco prices, so they will not be reduced and the farmer 
will not be hurt. 

I honestly feel that our failure to levy a cigarette tax has hurt our 
relations with other states and particularly with Congressmen and 
Senators from other states. 

We must remember it is these people who have the power to destroy 
the tobacco price support program and impose restrictions on the ad- 
vertising of cigarettes. 

Such action at the Federal level would seriously harm the tobacco in- 
dustry and directly reduce income to tobacco growers, warehousemen and 
manufacturers. 

My friends in the tobacco industry, and there are many, would be best 
advised, in my honest opinion, to concentrate their energies in Congress 
to save the price-support program and prevent the band of cigarette 
advertising, which is clearly a very real danger in this session of Congress. 

My only regret in recommending a cigarette tax to this distinguished 
Body is that when I campaigned for this office, I said I was opposed to 
such a tax. 

But I also stated that if it became necessary to meet the essential needs 
of our State, then I would seek the necessary revenue. 

It has been said that when confronted with the facts, "a wise man will 
change his mind, but a fool never changes his." 

Since assuming my responsibilities as Governor, I have been confronted 
with facts — facts supporting the overwhelming needs of our State, not 
nearly all of which can be met even if we levied a tax of ten cents per pack. 

So I make this recommendation with no apology, but only with ex- 
planation. 



1969] SENATE JOURNAL 81 

I am man enough to stand before you to say I have found it necessary 
to change my earlier opinion. 

My responsibility to the entire state transcends the desire to assist an 
industry. 

Finally, I believe it is time to destroy the myth that tobacco is king in 
North Carolina. 

Income from livestock and poultry already exceeds that of tobacco. 

True, it is very important to our economy and will be for as long as man 
wants to enjoy a smoke. But tobacco must not dominate our thinking to 
the detriment of our progress. 

Now I would like to comment on the sharing of state collected revenue 
with local governments, specifically the sales tax. 

I am opposed to the State collecting an additional sales tax, which now 
includes food, and giving it back to local governments to spend. 

Many local governments do need financial assistance. Some do not. 

I feel strongly that every local government should first utilize their 
existing revenue sources before turning to the State for more unrestricted 
funds. I am not convinced that the majority of our local governments 
have made full use of their available resources. 

Further, in many cases, more efficient use of the local government tax 
dollar can be achieved by consolidating county and city governments, con- 
solidating school administrative units and the sharing of services among 
counties. 

Many counties have glaring exemptions or inequities in their ad valorem 
tax structure. 

I caution you, the members of this General Assembly, to protect from 
further erosion the revenue sources available to the State. 

You must provide future administrations with the means of financing the 
expanding needs of a growing State. 

It is poor business to erode the tax sources of the State, knowing full 
well that the demand for state services will increase in the immediate 
future. 

There is every reason to believe that the pressure for revenue will be 
just as great or greater on future General Assemblies as it is upon us 
here today. 

Let me remind you, too, that the State of North Carolina already pro- 
vides many services and much money for local government. 

The State constructs and maintains all roads and streets except those 
streets not on the state highway system. 

Many of the major city thoroughfares are on this system. In addition, 
incorporated municipalities receive Powell Bill funds to aid in street im- 
provements and construction. 

Most people believe the State receives the intangible tax, and we are 
constantly urged to eliminate this tax, but this 17 million dollars goes back 
to local government with only a small service charge for the actual cost of 
collection. 



82 SENATE JOURNAL [Session 

On July 1, 1969 the municipal share of the utilities franchise tax will 
increase from the present three-fourths of one percent to two percent. 

This will be one-third of the total 6 percent that the State levies. This 
means that 4 million, 950 thousand dollars will go back to municipalities 
in the first year of the upcoming biennium. 

On July 1, 1970, the municipal share of this tax will go to 3 percent 
or one-half of the State's levy of 6 percent. 

Thus, in the second year of the biennium 9 million, 650 thousand dollars 
will be returned to local governments — money that once would have been 
available to the State. 

The State pays educational personnel admittedly not enough, but we 
provide the base. We provide the school buses and pay the drivers. 

Many small towns receive technical services such as planning assistance. 

The Local Government Commission and the Institute of Government 
render great service to local governments. 

All these services and more are being provided already by the State and 
my proposed Department of Local Affairs will give even greater assistance. 

So, do not labor under the illusion that the State does not assist local 
governments, because it does in many ways. 

I have stated many times that local governments must be strengthened. 
I still hold that view. 

But they can be strengthened best by changes in the law to allow more 
home rule, consolidation of services, merging of governmental units, 
broader local taxing powers, and more technical and long-range planning 
assistance by the State. 

Government cannot sit off in a special place — untouched, unscarred by 
the rising cost before us in our daily lives. It cannot command such an 
isolated position. We must meet its demands, just as we rise to meet the 
demands in our personal lives. We must respond realistically to govern- 
ment's potential. When we do, we are responding to the people. 

For us not to take our place in what our State must do, we would be 
negligent in meeting the responsibilities that the people have placed in us. 
In turn, I want to do what I can to make our State more responsive to 
the evident needs of our people — needs which can be met in the frame- 
work of reasonable thought and action. 

I believe you feel the same way. I have strong confidence that the 
people will recognize our good intent, our mission, and our goals in the 
cooperative and constructive spirit that has marked our State in the past. 

As Governor, I welcome reaction of our people to what I have proposed; 
for what we are doing must always be viewed to be in the public's interest. 

And as I seek this public expression, I only ask that the people look 
constructively and devotedly to our State. I ask them and you to consider 
what our State is now, what it should be and what it can be if we face our 
problems and show courage and corrective efforts in doing our best for 
those who look to us to do our best — meaning all the people of our State. 

This budget, then, is open for appraisal by you and by the people. In 
turn, I can see that if all of us face it and deal with it and make our 
decisions through it, North Carolina certainly will be served well. 



1969] SENATE JOURNAL 83 

I am sure you know that I would not assume to tell you what to do or 
where to levy taxes that will produce the additional money needed to 
render these vital services to the people. 

I have mentioned several sources and types of tax levies. These I 
recommend as a result of careful and thoughtful study; these are sug- 
gested by me for your consideration along with other sources and types 
which you may wish to consider. 

The decision as to where the money comes from is your decision. Your 
best judgment will be acceptable to me. I urge you to levy such taxes as 
in your judgment will be fair, reasonable, and sufficient to provide for the 
urgent needs of the people of our State. I earnestly make these recom- 
mendations and suggestions to you, and they are made without reservation. 

I close with a quote from the famed jurist and poet, Oliver Wendell 
Holmes: "I find the great thing in the world is not so much where we stand 
as in what direction we are moving. To reach the port — we must sail 
sometimes with the wind and sometimes against it; but we must sail and 
not drift nor lie at anchor." 

Upon motion of Senator McGeachy, the Joint Session is dissolved, and 
pursuant to his motion heretofore made the Senate stands adjourned to 
meet tomorrow at 12 M. 



TWENTY-SIXTH DAY 

Senate Chamber, 
Thursday, February 13, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and 
found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

Upon motion of Senators Allsbrook and V. White of Pitt, the President 
extends the courtesies of the galleries to the Honorable Leonidus Hux, 
Chairman of the Halifax County Democratic Executive Committee, and 
other distinguished citizens of Halifax County, including Messrs. James 
Twisdale, P. C. Milliken and Milton Read. 

Upon motion of Senator Penn, the President extends the courtesies of 
the galleries to the Honorable and Mrs. Russell Newman of Reidsville. 
Mr. Newman is President of the North Carolina Association of County 
Commissioners. 

The President extends the courtesies of the galleries to Captain Norman 
Sawvag, Assistant Professor, Air R.O.T.C, at the University of North 
Carolina at Chapel Hill, and to Messrs. Maurice Stocks and Ronald Payne 
accompanying him. 

The President recognizes Senator Dent who presents David Lawrence 
Putnam of Asheville, who was elected Outstanding Boy Scout of the Year 
by the twelve Boy Scout councils of North Carolina. 



84 SENATE JOURNAL [Session 

The President appoints Senator Dent to escort David to the well of the 
Senate where he delivers a short address. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator J. White of Cleveland, for the Committee on Local Govern- 
ment: 

S. B. 31, a bill authorizing the board of county commissioners of the 
several counties of the State to fix their compensation, with a favorable 
report, as amended. 

By Senator Boger, for the Committee on Judiciary No. 2: 

S. B. 45, a bill to amend General Statutes 14-128 and General Statutes 
14-134.1 so as to increase penalty for violations, with a favorable report, 
as amended. 

S. B. 60, a bill to amend General Statutes 41-2.1 relating to maintenance 
of joint bank accounts with right of survivorship, with a favorable report. 

By Senator Wood, for the Committee on Highway Safety: 

S. B. 73, a bill to amend General Statutes 20-7 (f) to permit a person 
temporarily residing outside North Carolina to renew an operator's license 
by mail, with a favorable report. 

H. B. 32, a bill to modify the motor vehicle restrictions pertaining to 
passing at railroad intersections, with a favorable report. 

By Senator Boger, for the Committee on Judiciary No. 2: 

S. B. 78, a bill to correct certain errors in the General Statutes, with a 
favorable report, as amended. 

By Senator Ellis, for the Committee on Judiciary No. 1: 

H. B. 77, a bill amending General Statutes 30-15 so as to increase the 
year's allowance of a surviving spouse to two thousand dollars, with a 
favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senators Edwards, Moore, McGeachy and Rauch: S. B. 91, a bill to 
amend Chapter 115 of the General Statutes relating to the transportation 
of pupils residing within a municipality assigned to public schools within 
the same municipality and to make appropriations therefor. 

Referred to Committee on Appropriations. 

By Senator West: S. B. 92, a bill to provide compensation for the mem- 
bers of the county board of commissioners of Jackson County. 

Referred to Committee on Local Government. 

By Senator James: S. B. 93, a bill to provide for the closing of any 
establishment declared to be a public nuisance in Richmond County. 

Referred to Committee on Local Government. 



1969] SENATE JOURNAL 85 

By Senators MacLean and Evans: S. B. 94, a bill to appropriate addi- 
tional funds to maintain, improve, stimulate, increase and expand local 
public library facilities and operations in the State of North Carolina. 

Referred to Committee on Libraries. 

By Senators Burney, Staton, Patterson, Reed, Robinson, Briggs, Sapp, 
J. White of Cleveland, Folger, Kirby, Bryan, Harrington, McGeachy, 
Edwards and Ellis: S. B. 95, a bill to rewrite General Statutes 28-174, 
relating to damages recoverable for death by wrongful act. 

Referred to Committee on Judiciary No. 2. 

By Senator MacLean: S. B. 96, a bill appropriating funds to the North 
Carolina Department of Agriculture to eradicate and control the sweet 
potato weevil in North Carolina. 

Referred to Committee on Agriculture. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

S. B. 23, a bill to authorize joint appeals from the several boards of 
equalization and review to the State Board of Assessments, for concurrence 
in the House amendment. 

Upon motion of Senator Ellis the Senate concurs in the House amendment 
and the bill is ordered enrolled. 

H. B. 22, a bill to improve and provide public schools of a higher 
standard for the residents of Scotland Neck in Halifax County, to establish 
the Scotland Neck City Administrative Unit, to provide for the administra- 
tion of the public schools in said administrative unit, to levy a special tax 
for the public schools of said administrative unit, all of which shall be 
subject to the approval of the voters in a referendum or special election. 

Referred to Committee on Finance. 

H. B. 69, a bill to amend Chapter 160 of the General Statutes to provide 
that policemen and firemen who are non-residents may be employed. 

Referred to Committee on Judiciary No. 1. 

H. B. 96, a bill to amend Chapter 48 of the General Statutes to permit 
changing the name of an adopted person who is twenty-one or more years 
of age. 

Referred to Committee on Judiciary No. 2. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

Committee Substitute for S. B. 30, a bill granting ordinance-making 
authority to counties. 

Upon motion of Senator Bailey consideration of the bill is postponed 
until Thursday, February 20, 1969. 

S. B. 42, a bill to amend General Statutes 20-279.21 relating to motor 
vehicle liability policies so as to provide that default judgments taken 



86 SENATE JOURNAL [Session 

against insureds shall not be used as a basis for judgment against an 
insurer unless such insurer has had reasonable notice of the pendency of 
suit against its insured and an opportunity to defend. 

Upon motion of Senator Ellis the Committee amendment is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

H. B. 44, a bill to amend the charter of the city of Lenoir, Chapter 487 
of the Session Laws of 1967, to fix the organization meeting of the city 
council. 

Passes its second and third readings and is ordered enrolled. 

H. B. 56, a bill to make the eight year Statute of Limitations on ad 
valorem tax refunds contained in General Statutes 105-405.1 applicable in 
Cumberland County and Fayetteville by repealing Chapter 676 of the 
Session Laws of 1959. 

Passes its second and third readings and is ordered enrolled. 

H. B. 76, a bill amending General Statutes 47-17.1 so as to require that 
certain papers and documents registered in Pitt County show thereon the 
name of the draftsman. 

Passes its second and third readings and is ordered enrolled. 

Upon motion of Senator Penn, the Senate adjourns to meet tomorrow 
morning at 10:00 o'clock. 



TWENTY-SEVENTH DAY 

Senate Chamber, 
Friday, February 14, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the 
Senate. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and 
found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

Upon motion of Senators Bailey and Coggins, the courtesies of the 
galleries are extended to a seventh grade class from Leroy Martin Junior 
High School, Raleigh, and to their teacher, Mrs. Ann Kennedy. 

The President extends the courtesies of the galleries to Mrs. Vernon 
White, wife of the Senator from Pitt County. 

The President grants leave of absence to Senator Flaherty for today. 

enrolled bills 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 



1969] SENATE JOURNAL 87 

S. B. 23, an act to authorize joint appeals from the several Boards of 
Equalization and Review to the State Board of Assessments. 

H. B. 44, an act to amend the charter of the city of Lenoir, Chapter 487 
of the Session Laws of 1967, to fix the organization meeting of the city 
council. 

H. B. 56, an act to make the eight year statute of limitations on ad 
valorem tax refunds contained in General Statutes 105-405.1 applicable in 
Cumberland County and Fayetteville by repealing Chapter 676 of the 
Session Laws of 1959. 

H. B. 76, an act amending General Statutes 47-17.1 so as to require that 
certain papers and documents registered in Pitt County show thereon the 
name of the draftsman. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator J. White of Cleveland, for the Committee on Local Govern- 
ment: 

S. B. 89, a bill to amend Chapter 614, Session Laws of 1965, and General 
Statutes 153-9(17) relating to notice of closing of streets in the city of 
Sanford, with a favorable report. 

S. B. 90, a bill to amend Chapter 989, Session Laws of 1967, to clarify 
election procedures in annexed areas, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senators Moore, Maxwell, Evans, Boger, Dent, Joyner, Norton, 
Edwards and West: S. B. 97, a bill to amend Chapter 105 of the General 
Statutes by inserting a new article therein imposing a tax on certain 
tobacco products. 

Referred to Committee on Finance. 

By Senators Nielson, West, Joyner, Moore, Murrow and Bagnal: S. B. 98, 
a bill to amend and supplement "The Revenue Act", being Subchapter I of 
Chapter 105 of the General Statutes, by adding thereto a new article 
imposing a soft drinks license tax. 

Referred to Committee on Finance. 

By Senators Nielson, Briggs, Wilkie, Murrow and Bagnal: S. B. 99, a bill 
to increase the surtax on malt beverages and to impose a surtax on wines. 

Referred to Committee on Finance. 

By Senator Dent: S. B. 100, a bill to fix the salary of the chairman of 
the board of county commissioners of Buncombe County. 

Referred to Committee on Local Government. 

By Senators Burney, Allsbrook, Ellis, Dent, J. White of Cleveland, Mc- 
Geachy and S. Warren of Sampson: S. B. 101, a bill to enhance the con- 
tinued administration of institutions of learning. 



88 SENATE JOURNAL [Session 

Referred to Committee on Judiciary No. 2. 

By Senator V. White of Pitt: S. B. 102, a bill fixing the salaries of the 
county commissioners of Pitt County at one hundred fifty dollars ($150.00) 
per month. 

Referred to Committee on Local Government. 

By Senator Kirby: S. B. 103, a bill permitting citizens of this state to 
purchase rifles and shotguns in contiguous states and defining antique 
firearms. 

Referred to Committee on Judiciary No. 2. 

By Senator MacLean: S. B. 104, a bill to appropriate funds to the 
North Carolina Department of Agriculture for the establishment of a re- 
search station to serve North Carolina emphasizing sweet potatoes, vege- 
table crops, and small fruits. 

Referred to Committee on Agriculture. 

By Senators Staton and Flaherty: S. B. 105, a bill to amend the minimum 
wage act. 

Referred to Committee on Manufacturing, Labor and Commerce. 

By Senator Boger: S. B. 106, a bill to provide for the certification of the 
existence and amounts of assessment liens against real property. 

Referred to Committee on Judiciary No. 2. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 13, a bill to amend General Statutes 116-46.3 relating to participa- 
tion in sixth-year program of graduate instruction for superintendents, as- 
sistant superintendents, and principals of public schools. 

Referred to Committee on Education. 

H. B. 117, a bill to amend General Statutes 18-77, so as to regulate retail 
beer outlets in the city of Fayetteville. 

Referred to Committee on Alcoholic Beverage Control. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 31, a bill authorizing the board of county commissioners of the 
several counties of the State to fix their compensation. 

Upon motion of Senator J. White of Cleveland, the amendment offered by 
the Committee is adopted, and upon his motion consideration of the bill 
is postponed until Tuesday, February 18, 1969. 

S. B. 45, a bill to amend General Statutes 14-128 and General Statutes 
14-134.1 so as to increase penalty for violations. 

Senator Boger moves that the vote by which the Committee amendments 
were adopted on February 7 be reconsidered, and that these two amend- 
ments be withdrawn. 



1969] SENATE JOURNAL 89 

The motion prevails. 

Upon motion of Senator Boger, the amendment offered by the Committee 
is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 60, a bill to amend General Statutes 41-2.1 relating to maintenance 
of joint bank accounts with right of survivorship. 

The bill passes its second reading. 

Upon objection of Senator Currie to its third reading, the bill is placed 
upon the Calendar for Monday, February 17, 1969. 

S. B. 73, a bill to amend General Statutes 20-7 (f) to permit a person 
temporarily residing outside North Carolina to renew an operator's license 
by mail. 

Upon motion of Senator Scott, consideration of the bill is postponed until 
Monday, February 17, 1969. 

S. B. 78, a bill to correct certain errors in the General Statutes. 

Upon motion of Senator Burney, the amendment offered by the Com- 
mittee is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

H. B. 32, a bill to modify the motor vehicle restrictions pertaining to 
passing at railroad intersections. 

Passes its second and third readings and is ordered enrolled. 

H. B. 77, a bill amending General Statutes 30-15 so as to increase the 
year's allowance of a surviving spouse to two thousand dollars. 

Passes its second and third readings and is ordered enrolled. 

Upon motion of Senator Robinson, the Senate adjourns to meet tomorrow 
at 9:30 o'clock a.m., at which time only Public Local bills will be con- 
sidered, and adjournment will be until Monday evening at 8:00 o'clock. 



TWENTY-EIGHTH DAY 

Senate Chamber, 
Saturday, February 15, 1969. 

The Senate meets pursuant to adjournment, and in the absence of 
Lieutenant Governor H. Patrick Taylor, Jr. and President Pro Tempore N. 
Hector McGeachy, the Principal Clerk, Roy Rowe, calls Senator Coggins 
to the Chair, who calls the Senate to order and presides during the Session. 

Prayer is offered by Miss Sena Taylor of Raleigh, North Carolina. 

Senator Bailey for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and found to 
be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

Upon motion of Senator Bailey, the Senate adjourns to meet Monday 
evening at 8:00 o'clock. 



90 SENATE JOURNAL [Session 

TWENTY-NINTH DAY 

Senate Chamber, 
Monday, February 17, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of Saturday has been examined and 
found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

The President extends the courtesies of the galleries to the Honorable 
William H. Bobbitt, Associate Justice of the North Carolina Supreme Court. 

Upon motion of Senator Staton, the President extends the courtesies of 
the galleries to Mr. Joe Swanner of Brownwood, Texas, an official of the 
Economic Development Administration. 

The President extends the courtesies of the galleries to the Misses Meg, 
Mary and Jan Scott, daughters of Governor and Mrs. Robert W. Scott. 

The President grants leave of absence to Senator Rauch for tonight. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. B. 37, an act to grant zoning authority outside the city limits of the 
Town of Mount Pleasant in Cabarrus County. 

S. B. 39, an act to amend Chapter 302 of the Session Laws of 1967, by 
changing and enlarging the membership of board of directors and increasing 
benefits payable under the supplementary pension fund for firemen in the 
town of Mount Airy. 

H. B. 32, an act to modify the motor vehicle restrictions pertaining to 
passing at railroad intersections. 

H. B. 77, an act amending General Statutes 30-15 so as to increase the 
year's allowance of a surviving spouse to two thousand dollars. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator West: S. B. 107, a bill to provide for the county-wide election 
of the Cherokee County Board of County Commissioners, which shall consist 
of three members. 

Referred to Committee on Local Government. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time, and 
disposed of, as follows: 



1969] SENATE JOURNAL 91 

H. B. 9, a bill to amend General Statutes 163-46 so as to increase the 
compensation for precinct registrars and judges. 
Referred to Committee on Election Laws. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 89, a bill to amend Chapter 614, Session Laws of 1965, and General 
Statutes 153-9(17) relating to notice of closing of streets in the city of 
Sanford. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 90, a bill to amend Chapter 989, Session Laws of 1967, to clarify 
election procedures in annexed areas. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 60, a bill to amend General Statutes 41-2.1 relating to maintenance 
of joint bank accounts with right of survivorship. 

Upon motion of Senator Burney consideration of the bill is postponed 
until Wednesday, February 19, 1969. 

S. B. 73, a bill to amend General Statutes 20-7 (f) to permit a person 
temporarily residing outside North Carolina to renew an operator's license 
by mail. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

Upon motion of Senator Gurganus, the Senate adjourns to meet tomorrow 
at 12 M. 



THIRTIETH DAY 

Senate Chamber, 
Tuesday, February 18, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Willis W. Wilson of Winterville, Presi- 
dent of the Original Free Will Baptist Convention of North Carolina. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and 
found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

The President grants leave of absence to Senator Boger for today. 

The President grants leave of absence to Senator Rauch for today and 
for as long as the serious illness of his daughter requires him to be away 
from the Senate. 

The President recognizes Senator Gurganus who introduces Mr. James 
Walter Church of Clemmons, President of the North Carolina Jaycees. 



92 SENATE JOURNAL [Session 

The President appoints Senator Gurganus to escort Mr. Church to the 
well of the Senate, where he delivers a short address. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. B. 33, an act to amend General Statutes 105-345 relating to ad valorem 
property tax penalties and discounts in the town of Drexel. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Ellis, for the Committee on Judiciary No. 1: 

H. B. 69, a bill to amend Chapter 160 of the General Statutes to provide 
that policemen and firemen who are non-residents may be employed, with 
a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator Bailey: S. B. 108, a bill to provide legal representation for 
indigent persons, to strengthen the assigned counsel system, to establish a 
public defender in certain judicial districts, and for other related purposes. 

Referred to Committee on Courts and Judicial Districts. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 43, a bill repealing Chapter 5 of the 1965 Session Laws and amend- 
ing a portion of Section 1 of Chapter 34 of the 1953 Session Laws of 
North Carolina to revise and establish ward boundary lines of the city 
of Gastonia. 

Referred to Committee on Local Government. 

H. J. R. 163, a joint resolution honoring the life and memory of Paul 
Herman Thompson who served his state and county with honor, devotion 
and distinction. 

Upon motion of Senator MacLean, the rules are suspended and the 
resolution is placed upon its immediate passage. 

Passes its second and third readings and is ordered enrolled. 

H. J. R. 167, a joint resolution designating February 18, 1969 as Jaycee 
Day in the General Assembly. 

Upon motion of Senator Gurganus, the rules are suspended and the 
resolution is placed upon its immediate passage. 

Passes its second and third readings and is ordered enrolled. 



1969] SENATE JOURNAL 93 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 31, a bill authorizing the board of county commissioners of the 
several counties of the state to fix their compensation. 

Senator Ellis offers an amendment which is adopted. 

Upon motion of Senator J. White of Cleveland, consideration of the bill 
is postponed until Wednesday, February 19, 1969. 

Upon motion of Senator Bryan, the Senate adjourns to meet tomorrow 
at 12:00 M. 



THIRTY-FIRST DAY 

Senate Chamber, 
Wednesday, February 19, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and 
found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

The President extends the courtesies of the galleries to Mrs. W. Earl 
Weeks of Tarboro, mother of former Senator Cameron Weeks and to Mrs. 
Berry Pittman, also of Tarboro. 

The President extends the courtesies of the galleries to forty-five mem- 
bers of the Beaufort County Democratic Women's Club, including Mrs. 
Verona C. Cratch, President, and Mrs. John Winfield, National Democratic 
Committeewoman. 

The President extends the courtesies of the galleries to Mrs. Stewart B. 
Warren, wife of Senator Warren of Sampson County, and to Mrs. Henry 
Lee Turlington and Mrs. James E. Jones. 

Upon motion of Senator Scott, the President extends the courtesies of 
the galleries to a group of students from the Alamance County Technical 
Institute, Burlington, and to their teacher, Mr. Sam Bundy. 

The President grants leave of absence to Senator Nielson for tomorrow, 
February 20, 1969, and to Senator James for Monday and Tuesday, 
February 17 and 18 for absence due to emergency weather conditions in 
Richmond County. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State : 

H. J. R. 163, a joint resolution honoring the life and memory of Paul 
Herman Thompson who served his state and county with honor, devotion 
and distinction. 



94 SENATE JOURNAL [Session 

H. J. R. 167, a House joint resolution designating February 18, 1969, as 
Jaycee Day in The General Assembly. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Wood, for the Committee on Highway Safety: 

S. B. 74, a bill to amend Article 2 of Chapter 20 to provide for suspen- 
sion of operator's license of provisional licensee for dropping out of school, 
with an unfavorable report. 

S. B. 102, a bill fixing the salaries of the county commissioners of Pitt 
County at one hundred fifty dollars per month, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senators Evans, MacLean, Bowles, S. Warren of Sampson, Staton, 
J. White of Cleveland, Norton, Flaherty, Johnson, Wilkie, Allen, Patterson 
and Bagnal: S. B. 109, a bill to authorize the State Board of Education to 
establish a kindergarten program for five year olds. 

Referred to Committee on Education. 

By Senators Evans, Bowles, Maxwell, Staton, S. Warren of Sampson, 
Flaherty and Henley: S. B. 110, a bill to authorize the use of school buses 
as needed for instructional programs and to transport pupils with special 
needs. 

Referred to Committee on Education. 

By Senator Wilkie: S. B. Ill, a bill to repeal Chapter 1113 of the 1967 
Session Laws providing for the non-partisan election of the Henderson 
County Board of Education and the extension of the terms of office of the 
members of the Henderson County Board of Education so as to provide for 
the non-partisan election of the entire membership of the Henderson 
County Board of Education at the 1970 regular General County Election. 

Referred to Committee on Election Laws. 

By Senator Ellis: S. B. 112, a bill to provide for the creation of a tenancy 
by the entirety in the division of land. 

Referred to Committee on Judiciary No. 1. 

By Senator Ellis: S. B. 113, a bill to recodify and simplify the law 
concerning discharge of record of mortgages, deeds of trust and other 
instruments intended to secure the payment of money or the performance 
of any other obligation. 

Referred to Committee on Judiciary No. 1. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 



1969] SENATE JOURNAL 95 

S. B. 31, a bill authorizing the board of county commissioners of the 
several counties of the state to fix their compensation. 

Upon motion of Senator J. White of Cleveland the bill is re-referred to 
the Committee on Local Government. 

S. B. 60, a bill to amend General Statutes 41-2.1 relating to maintenance 
of joint bank accounts with right of survivorship. 

Senator Moore moves that the bill be re-referred to the Committee on 
Banking. 

The motion fails to prevail. 

Senator Folger moves that the bill be re-referred to the Committee on 
Judiciary No. 2. 

The motion fails to prevail. 

The bill fails to pass its third reading. 

H. B. 69, a bill to amend Chapter 160 of the General Statutes to provide 
that policemen and firemen who are non-residents may be employed. 

Senators Allsbrook and V. White of Pitt offer an amendment which is 
adopted. 

The bill, as amended, passes its second and third readings and is ordered 
sent to the House of Representatives for concurrence in the Senate amend- 
ment. 

Upon motion of Senator Kirby, the Senate adjourns to meet tomorrow 
at 12 M. 



THIRTY-SECOND DAY 

Senate Chamber, 
Thursday, February 20, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Harold J. Dudley, D. D., General 
Secretary of the Presbyterian Synod of North Carolina, Raleigh. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and 
found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

The President extends the courtesies of the galleries to Sheriff W. G. 
Clark of Cumberland County, Chairman of the Executive Committee of the 
North Carolina Sheriffs Association, and to the following Committee mem- 
bers: Sheriff Tom Marshall of Onslow, Sheriff Bob Pleasants of Wake, 
Sheriff G. O. Womble of Nash, Sheriff Carl Axson of Rockingham, Sheriff 
John B. Allen of Bladen, Sheriff Malcolm McLeod of Robeson, Sheriff Frank 
Cahoon of Dare and Sheriff Buck Knight of Orange. 

Upon motion of Senators Dent and Flaherty, the courtesies of the gal- 
leries are extended to the following members of Local 3608 of the Com- 
munications Workers of America: Grace Holder of Lenoir, Shufford Car- 
penter of Newland, Don Sheppard of Spruce Pine, Barbara Smith of 



96 SENATE JOURNAL [Session 

Morganton, Evelyn McNeilly of Morganton, Thad Taylor of Lenoir and 
D. L. Campbell of Morganton. 

The President extends the courtesies of the galleries to Mrs. Ralph Scott, 
wife of the Senator from Alamance County. 

The President extends the courtesies of the galleries to Mrs. Jeanette 
Whitehurst, a member of the faculty of East Carolina University, and 
to Luellen Carroll and Nell Marie Bryan, students accompanying her. Miss 
Bryan is the daughter of Senator and Mrs. Thomas Rhudy Bryan. 

The President grants leave of absence to Senator Sapp for today, and 
to Senator Scott for tomorrow, Friday, February 21, 1969. 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Scott, for the Committee on Finance: 

S. B. 40, a bill to exempt the North Carolina Symphony Society, In- 
corporated, from certain privilege license taxes, with a favorable report. 

By Senator Patterson, for the Committee on Personnel and Employment 
Programs : 

S. B. 41, a bill to amend General Statutes 135-1 so as to make permanent 
employees of The North Carolina Symphony Society, Inc. eligible for 
membership in the Teachers' and State Employees' Retirement System, 
with a favorable report, as amended. 

By Senator James, for the Committee on Public Health: 

S. B. 46, a bill to authorize and make uniform the procedure making a 
gift of all or part of a human body after death for specified purposes, 
with a favorable report, as amended. 

H. B. 64, a bill to amend General Statutes 143-117 relating to payment 
of costs by patients at certain state institutions so as to include the North 
Carolina Sanatorium System, with a favorable report. 

By Senator Boger, for the Committee on Judiciary No. 2: 

S. B. 67, a bill to authorize the dedication of streets in partition proceed- 
ings, with a favorable report. 

H. B. 96, a bill to amend Chapter 48 of the General Statutes to permit 
changing the name of an adopted person who is twenty-one (21) or more 
years of age, with a favorable report. 

By Senator Currie, for the Committee on Alcoholic Beverage Control: 

S. B. 88, a bill to authorize the qualified voters of the town of Mount 
Airy to determine whether or not alcoholic beverage control stores shall be 
established in said town and to prescribe the disposition of the net profits 
thereof, with a favorable report, as amended. 

By Senator McGeachy, for the Committee on Rules and Operation of the 
Senate: 

H. J. R. 89, a joint resolution honoring the memory of Isaac Peter Davis, 
with a favorable report. 



1969] SENATE JOURNAL 97 

H. J. R. 92, a joint resolution honoring the memory of Zebulon Vance 
Norman, with a favorable report. 

H. J. R. 95, a joint resolution honoring the memory of B. C. Brock, 
former legislator, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senators Evans, Scott, Bowles, J. White of Cleveland, James, Wilkie, 
Murrow, Bagnal, Staton and Flaherty: S. B. 114, a bill to provide salaries 
for public school personnel to the national average and to maintain the 
national average through the biennium 1969-1971. 

Referred to Committee on Appropriations. 

By Senator Patterson: S. B. 115, a bill providing the city of Albemarle, 
North Carolina, alternative methods of assessing the cost of extending 
water and sewer lines. 

Referred to Committee on Local Government. 

By Senators Bowles, Edwards and Murrow: S. B. 116, a bill to amend 
the charter of the town of Liberty regarding elections. 

Referred to Committee on Local Government. 

By Senator Allen: S. B. 117, a bill authorizing Person County to levy 
special purpose taxes for certain purposes. 

Referred to Committee on Local Government. 

By Senator Allen: S. B. 118, a bill to provide for filling vacancies on the 
board of county commissioners of Person County. 

Referred to Committee on Local Government. 

By Senators Briggs and Wilkie: S. B. 119, a bill to prohibit the taking 
of foxes by use of sounds in Buncombe, Henderson, Madison and Yancey 
Counties. 

Referred to Committee on Wildlife. 

By Senator Ellis: S. B. 120, a bill to amend the Federal Tax Lien 
Registration Act to comply with the Federal Tax Lien Act of 1966. 

Referred to Committee on Judiciary No. 1. 

By Senator Edwards: S. B. 121, a bill relating to funeral and burial trust 
funds. 

Referred to Committee on Insurance. 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 84, a bill amending General Statutes 20-11 (b) relating to auto- 
mobile operators learners' permits so as to permit night driving with such 
permit. 

Referred to Committee on Highway Safety. 



98 SENATE JOURNAL [Session 

H. J. R. 172, a joint resolution honoring the memory of Clifton Linwood 
Bell, former member of the House of Representatives from Hyde County. 

Upon motion of Senator Gurganus, the rules are suspended and the 
resolution is placed upon its immediate passage. 

Passes its second and third readings and is ordered enrolled. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

Committee substitute for S. B. 30, a bill granting ordinance-making 
authority to counties. 

Upon motion of Senator J. White of Cleveland, consideration of the bill 
is postponed until Tuesday, February 25, 1969. 

S. B. 102, a bill fixing the salaries of the county commissioners of Pitt 
County at one hundred fifty dollars ($150.00) per month. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

Upon motion of Senator Johnson, the Senate adjourns to meet tomorrow 
morning at 10:00 o'clock. 



THIRTY-THIRD DAY 

Senate Chamber, 
Friday, February 21, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and 
found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

Upon motion of Senator Folger, the President extends the courtesies of 
the galleries to Mrs. Gordon Allen and Page Allen, wife and son of the 
Senator from Person, and Page Allen is made an honorary page of the 
Senate. 

Upon motion of Senators Henley and McGeachy, the President extends 
the courtesies of the galleries to Girl Scout Troops 546 of Spring Lake 
and 264 of Fort Bragg, and to their respective leaders, Mrs. S. R. Hiler 
and Mrs. O. E. Biggs. 

The President extends the courtesies of the galleries to Mrs. Eugene 
Simmons and Miss Mattie Simmons, wife and daughter of the Senate 
Reading Clerk; to Mr. and Mrs. Henry Gilliam Nicholson of Raleigh, 
formerly residents of Tarboro; to Mr. and Mrs. Thomas Grainger, Mr. and 
Mrs. Herman Creech and Mr. and Mrs. Howard Hussey, all of Tarboro; 
and to Mrs. Joe Eagles, wife of the Representative from Edgecombe 
County. 



1969] SENATE JOURNAL 99 

The President grants leave of absence to Senators Dent and Flaherty 
for today. 

Upon motion of Senator Burney, the rules are suspended and Mr. Eugene 
Simmons, Reading Clerk, is invited to address the Senate. 

The President appoints Senators Burney and Evans to escort Mr. 
Simmons to the well of the Senate where he presents an address in com- 
memoration of George Washington. 

Upon motion of Senator L. Warren of Wayne, the address of Mr. 
Simmons is spread upon the Journal as follows: 

Mr. President, our First Lady, Mrs. Robert W. Scott, Ladies and Gentlemen 
of the Senate : 

It is certainly fitting and proper that we pause today on the eve of 
George Washington's birthday to pay tribute to this noble American. For 
a few moments this morning I am grateful and proud to discuss with you 
George Washington, the citizen and patriot. 

George Washington was a man who even in his youth was measured for 
future greatness by the keen eye and divine inspiration of an aged Indian 
chieftain who said, "Mark you tall and daring warrior; he is not of the 
Red Folk Tribe, yet he hath an Indian's wisdom. There is something bids 
me speak in the voice of prophecy. Listen! The Great Spirit protects that 
man, and guides his destiny. He will become the chief of nations, and a 
people yet unborn will hail him as the founder of a mighty empire." 

To understand the true significance of this prophecy let us review briefly 
the outstanding points in the life of Washington, with which every 
American should be familiar. 

We see the youth of sixteen surveying the wilderness of Virginia, then 
we follow him a young major of twenty as he carries the important 
message from Governor Dinwiddie of Virginia to the French in the Ohio 
Valley, crossing the Ohio, encountering hardships. Next we observe the 
twenty-two year old colonel of the French and Indian War as he comes 
to the aid of General Braddock at Fort Duquesne. And now let us pass to 
the Virginia House of Burgesses where for fifteen years this noble, clear- 
thinking citizen (though always reluctant to speak in public) wielded 
influence. We hear this noble patriot ever alert to the cause of liberty, 
vigorously condemning the Stamp Act. 

Next he appears to us at the age of forty-three, Commander-in-Chief of 
the Continental Army, and let us pause here for a closer observation. As 
Commander-in-Chief, the services and achievements of George Washington 
are unique in the world's history. He was more than the Commander-in- 
Chief. He was the one necessary person whose calm, universal, determined 
sense of patriotic duty to country, and ability, put backbone in the Revolu- 
tion and kept it from merging into a civil conflict, under the hardships 
during the eight years of war. Without General Washington at its head, 
it never could have been successful. His faith in the cause — his devotion to 
the ideals it embodied — made him the symbol of America, the Spirit of 
the Revolution. 

With independence secured, a still greater problem confronted the new 
nation — that of creating a new government out of the thirteen colonies. 



100 SENATE JOURNAL [Session 

At this most critical period, Washington's patriotism shone brightest, his 
devotion to the public welfare makes him the greatest man in history. 

As first in war, he created nationality; as first in peace, he advocated 
and helped frame an efficient and endurable Constitution, and because first 
in the hearts of his countrymen, he was unanimously elected President. 
To him it was committed to launch the Ship of State. With neither pre- 
cedents nor predecessors to help him, it required a strength of patriotism 
almost divine to weld together the scattered Colonies into an indestructible 
Union. 

Summing up these years of his life, we see that for a period of forty 
years, Washington filled offices of one kind or another. Excluding his boy- 
hood, there were but seven years of his life in which he was not engaged in 
public service. And in all of these offices, he appears not as a man aiming to 
prominence or power, but rather as one under obligations to serve a cause. 
Necessity was laid upon him, and he met it willingly. He never shifted 
responsibility. He never lost his courage. Though these many offices made 
many demands upon his time and attention, his keen sense of citizenship 
kept him ever mindful of all civic enterprises. 

Washington's continued efforts in the interest of universal education 
showed that his mind was always on the general welfare of the nation and 
that he sought practical achievements through the instruction of its youth. 
Education was not a hobby with him — it was a passion. He realized that 
citizenship cannot grow without education. 

Looking back over the pages of history, we cannot find a more shining 
example of a great philanthropist than George Washington, who gave him- 
self and his means when needed in either a private or civic enterprise. He 
has been called our most humane citizen. His farsighted interest in agri- 
culture and his efforts in experimenting have caused one of his contem- 
poraries to say of him, "Call him not President Washington, but call him 
Farmer Washington — for it is this title that he loves most of all." 

Indeed, the most fascinating facts about Washington are not these con- 
cerned with his public achievements, but with the man himself — the 
many-sided Washington. He was an exceptional farmer, a good business- 
man, explorer, engineer, founder of corporations, an organizer of armies, 
a great Commander, a great President, and a great statesman — and in 
each and every one of these an outstanding citizen of the country he loved. 

Let us note the words of Grover Cleveland: "Washington was the most 
thorough American that ever lived. His sword was drawn to carve out 
American citizenship, and his every act and public service was directed to 
its establishment. Let us thank God that he has lived and that he has 
given to us the highest and best example of American citizenship." 

Today our country is passing through a very serious crisis. Because we 
have had nearly two centuries of unparalleled growth and have reached a 
position of world leadership, the average citizen refuses to compare this 
situation with that which Washington's generation faced — and yet some 
of the more serious-minded citizens realize that our people confront a 
major crisis, ranking in seriousness with that faced by the generations of 
Washington and Lincoln. If our country is to survice this social storm, we 
must have some careful thinking; we must pause to consider carefully 



1969] SENATE JOURNAL 101 

the principles upon which this nation is founded, to analyze the qualities 
of citizenship necessary for its preservation, and to discover the kind of 
leadership our democracy demands. 

We need George Washington today. What was there in this man, what 
is there in the memory of him, which could and does supply a need in our 
lives nearly two hundred years after he is gone ? 

Is it brilliance of mind and keenness of wit that we need? Is it the 
splendor of military genius that we need ? Perhaps we could make use of 
those things in our life today. Certainly, brilliance and genius of any kind 
are none too plentiful with us. But, as a matter of fact, Washington was 
not a genius; and yet we need him. We need the inspiration of his memory, 
the ideal that is comprised in his whole nature, because of his large 
integrity. We need the inspiration of moral balance which he gives us. 
We need that loyalty to an ideal and purpose which makes Washington the 
incorruptible citizen and patriot that he was. 

Let me conclude with Henry Van Dyke's striking appeal to the present 
generation: "There is a life that is worth living now, as it was worth 
living in the former days, and that is the honest life, the unselfish life, 
cleansed by a devotion to an ideal. To cleanse, so far as in our power lies, 
the foundation of our national life from political, commercial, moral and 
social corruption. To teach our sons and daughters by precept and by 
example the honor of serving such a country as America. That is work 
worthy of the finest manhood and womanhood. The well educated are 
those who see deepest into the meaning and necessity of that work, but 
their labor shall not be in vain, for high in the firmament of human 
destiny are set the stars of faith in mankind, and an unselfish courage, 
and loyalty to the ideal; and while they shine, the Americanism of Wash- 
ington and the men who stood with him shall never, never die." 

Upon motion of Senator Staton, the President recognizes the Honorable 
Henry Hall Wilson, President of the Chicago Grain Board of Trade, former 
member of the North Carolina General Assembly, past President of 
Young Democratic Clubs of North Carolina, former Democratic National 
Committeeman from North Carolina and Administrative Assistant to former 
Presidents John F. Kennedy and Lyndon B. Johnson. 

The President appoints Senator Staton to escort Mr. Wilson to the well 
of the Senate where he speaks briefly. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State : 

H. J. R. 172, a joint resolution honoring the memory of Clifton Linwood 
Bell, former member of the House of Representatives from Hyde County. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 



102 SENATE JOURNAL [Session 

By Senator J. White of Cleveland, for the Committee on Local Govern- 
ment : 

S. B. 58, a bill to give the members of the police departments of all cities, 
towns and municipalities in Richmond County the authority to make arrests 
and serve criminal process in the territories outside the corporate limits 
for a distance of two and one-half miles, with a favorable report. 

S. B. 87, a bill to amend General Statutes 160-181.2 so as to include the 
city of Hamlet in the extraterritorial jurisdiction for zoning purposes, 
with a favorable report, as amended. 

S. B. 93, a bill to provide for the closing of any establishment declared 
to be a public nuisance in Richmond County, with a favorable report, as 
amended. 

S. B. 107, a bill to provide for the countywide election of the Cherokee 
County Board of County Commissioners, which shall consist of three 
members, with a favorable report. 

S. B. 115, a bill providing the city of Albemarle, North Carolina, alter- 
native methods of assessing the cost of extending water and sewer lines, 
with a favorable report. 

S. B. 116, a bill to amend the Charter of the town of Liberty regarding 
elections, with a favorable report, as amended. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator Edwards: S. J. R. 122, a joint resolution expressing support 
of the boards of trustees and administrative officials of the state supported 
institutions of higher education. 

Referred to Committee on Higher Education. 

By Senator Penn: S. B. 123, a bill placing Caswell County under the 
general laws relating to county fiscal control. 

Referred to Committee on Local Government. 

By Senator Penn: S. B. 124, a bill relating to the compensation of the 
members of the board of county commissioners of Caswell County. 

Referred to Committee on Local Government. 

By Senator Ellis: S. B. 125, a bill to change the time of meeting of the 
General Assembly after the election of a governor to the second Wednes- 
day in February. 

Referred to Committee on Rules and Operation of the Senate. 

By Senators Briggs, Bagnal, Nielson, West, Wilkie, Sapp and Flaherty: 
S. B. 126, a bill relating to the common law offenses of riot and inciting 
to riot. 

Referred to Committee on Judiciary No. 2. 

By Senators Bailey and Coggins: S. B. 127, a bill to appropriate funds 
to the Governor Morehead School, Raleigh, North Carolina, to provide 
capital improvements. 

Referred to Committee on Appropriations. 



1969] SENATE JOURNAL 103 

By Senator Staton: S. B. 128, a bill amending General Statutes 127-14 
and General Statutes 127-23.1 relating to the assistant to the adjutant 
general and to commissions by brevet. 

Referred to Committee on Veterans and Military Affairs. 

By Senators Boger and Ellis: S. B. 129, a bill to amend General Statutes 
114-19 relating to taking photographs of persons charged with criminal 
offenses. 

Referred to Committee on Judiciary No. 2. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 58, a bill to amend General Statutes 24-10 relating to 1% interest 
on residential loans so as to permit T/< interest on certain church building 
and improvement loans. 

Referred to Committee on Banking. 

H. B. 128, a bill to amend Chapter 666 of the Session Laws of 1967 to 
change the closing filing date from Saturday to Friday for candidates for 
the Monroe City school board of education. 

Referred to Committee on Election Laws. 

H. B. 133, a bill to repeal Chapter 503 of the Session Laws of 1953 
relating to the recorder's court at Mooresville, Iredell County, and to 
amend Chapter 613 Public-Local Laws 1913. 

Referred to Committee on Courts and Judicial Districts. 

H. B. 145, a bill to amend Chapter 93B of the General Statutes to 
require occupational licensing boards to file annual reports with the 
Attorney General's office. 

Referred to Committee on Judiciary No. 1. 

H. B. 146, a bill authorizing the Warren County ABC Board to sell 
wines having alcoholic content of less than fourteen percent. 

Referred to Committee on Alcoholic Beverage Control. 

H. B. 60, a bill to authorize and make uniform the procedure making a 
gift of all or part of a human body after death for specified purposes. 

Referred to Committee on Public Health. 

H. B. 98, a bill amending Chapter 1063 of the Session Laws of 1967, so 
as to provide that General Statutes 163-117 shall not apply to the seats 
in the House of Representatives for the Thirtieth District. 

Referred to Committee on Rules and Operation of the Senate. 

H. B. 147, a bill to amend General Statutes 18-45(8) to authorize ABC 
boards to sell at public auction real and personal property. 

Referred to Committee on Alcoholic Beverage Control. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 



104 SENATE JOURNAL [Session 

S. B. 40, a bill to exempt the North Carolina Symphony Society, In- 
corporated, from certain privilege license taxes. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 41, a bill to amend General Statutes 135-1 so as to make permanent 
employees of the North Carolina Symphony Society, Incorporated, eligible 
for membership in the Teachers' and State Employees' Retirement System. 

Upon motion of Senator Patterson the Committee amendment is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 67, a bill to authorize the dedication of streets in partition pro- 
ceedings. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 88, a bill to authorize the qualified voters of the town of Mount 
Airy to determine whether or not alcoholic beverage control stores shall be 
established in said town and to prescribe the disposition of the net profits 
thereof. 

Upon motion of Senator J. White of Cleveland the Committee amendment 
is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

H. B. 64, a bill to amend General Statutes 143-117 relating to payment 
of costs by patients at certain state institutions so as to include the 
North Carolina Sanatorium System. 

Passes its second and third readings and is ordered enrolled. 

H. J. R. 89, a joint resolution honoring the memory of Isaac Peter Davis. 

Passes its second and third readings and is ordered enrolled. 

H. J. R. 92, a joint resolution honoring the memory of Zebulon Vance 
Norman. 

Passes its second and third readings and is ordered enrolled. 

H. J. R. 95, a joint resolution honoring the memory of B. C. Brock, former 
legislator. 

Passes its second and third readings and is ordered enrolled. 

H. B. 96, a bill to amend Chapter 48 of the General Statutes to permit 
changing the name of an adopted person who is twenty-one or more 
years of age. 

Passes its second and third readings and is ordered enrolled. 

S. B. 46, a bill to authorize and make uniform the procedure making a 
gift of all or part of a human body after death for specified purposes. 

Upon motion of Senator James consideration of the bill is postponed 
indefinitely. 

Upon motion of Senator Harrington, the Senate adjourns to meet to- 
morrow morning at 9:30 o'clock, at which time only Public Local bills will 
be considered, and adjournment will be until Monday evening at 8:00 o'clock. 



1969] SENATE JOURNAL 105 

THIRTY-FOURTH DAY 

Senate Chamber, 
Saturday, February 22, 1969. 

The Senate meets pursuant to adjournment, and in the absence of 
Lieutenant Governor H. Patrick Taylor, Jr. and President Pro Tempore N. 
Hector McGeachy, Jr., the Principal Clerk, Roy Rowe, calls Senater Coggins 
to the Chair, who calls the Senate to order and presides during the Session. 

Prayer is offered by Miss Sena Taylor of Raleigh. 

Senator Bailey for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

Upon motion of Senator Bailey, the Senate adjourns to meet Monday 
evening at 8:00 o'clock. 



THIRTY-FIFTH DAY 

Senate Chamber, 
Monday, February 24, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the 
Senate. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of Saturday has been examined and 
found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

The President extends the courtesies of the galleries to Mrs. Robert B. 
Morgan, wife of the Attorney General of North Carolina, and daughters, 
Margaret and Mary. 

Upon motion of Senators Bowles, Edwards and Murrow, the courtesies 
of the galleries are extended to the Civics Class from Seagrove High School, 
Seagrove, and to their teacher, Mr. John Chilton. 

The President extends the courtesies of the galleries to Mrs. John T. 
Henley, wife of the Senator from Cumberland County, and to former 
Senator George Hundley of Davidson County. 

Upon motion of Senator Staton, the courtesies of the galleries are ex- 
tended to Mr. Hoover Adams of Harnett County, Publisher and Editor of 
The Daily Record. 

Upon motion of Senator Currie, Isaac Hall Manning, son of Mr. and 
Mrs. Howard Manning of Raleigh, is made an honorary page of the Senate. 

The President grants leave of absence to Senator Dent for tonight. 

Upon motion of Senator Allsbrook, a message is sent to the House of 
Representatives requesting the return of H. B. 69, a bill to amend Chapter 
160 of the General Statutes to provide that policemen and firemen who 
are non-residents may be employed. 



106 SENATE JOURNAL [Session 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

H. J. R. 89, a joint resolution honoring the memory of Isaac Peter Davis. 

H. J. R. 92, a joint resolution honoring the memory of Zebulon Vance 
Norman. 

H. J. R. 95, a joint resolution honoring the memory of B. C. Brock, former 
legislator. 

S. B. 6, an act so as to amend Section 7 of Chapter 413 of 1963 Session 
Laws, relating to the Town of Morganton Board of Alcoholic Beverage 
Control, so as to increase the share of net profits allocable to finding 
alcoholism causes and cures and to broaden scope of activities authorized 
therefor and for other purposes. 

S. B. 20, an act to amend Chapter 272 of the Public-Local Laws of 1929 
so as to allow the executive committee to set the salary of the Winston- 
Salem and Forsyth County Peace Officers' Protective Association. 

S. B. 64, an act to amend General Statutes 1-239 (b) so as to permit 
waiver of notice by attorneys of record in certain cases. 

S. B. 89, an act to amend Chapter 614, Session Laws of 1965, and General 
Statutes 153-9(17) relating to notice of closing of streets in the city of 
Sanford. 

H. B. 64, an act to amend General Statutes 143-117 relating to payment 
of costs by patients at certain state institutions so as to include the 
North Carolina sanatorium system. 

H. B. 96, an act to amend Chapter 48 of the General Statutes to permit 
changing the name of an adopted person who is twenty-one (21) or more 
years of age. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator MacLean, for the Committee on Agriculture: 

S. B. 35, a bill to amend General Statutes 113-120.3 to increase penalty 
for mutilation, destruction of posted signs, with a favorable report. 

S. B. 72, a bill amending the North Carolina Seed Law so as to provide 
an alternative method for collecting funds under said act, with a favorable 
report. 

S. B. 96, a bill appropriating funds to the North Carolina Department of 
Agriculture to eradicate and control the sweet potato weevil in North 
Carolina, with a favorable report. 

Upon motion of Senator MacLean, the bill is re-referred to the Com- 
mittee on Appropriations. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 



1969] SENATE JOURNAL 107 

By Senator Henley: S. B. 130, a bill to provide for expansion of services 
of the North Carolina Capital Building Authority. 

Referred to Committee on State Government. 

By Senator Currie: S. B. 131, a bill to validate the acts of certain notaries 
where the notary seal incorrectly contained the name of another state. 

Referred to Committee on Judiciary No. 1. 

By Senator MacLean: S. B. 132, a bill rewriting General Statutes 106- 
245.16 relating to the North Carolina Egg Law. 

Referred to Committee on Agriculture. 

By Senator MacLean: S. B. 133, a bill to amend Article 16 of Chapter 
106 relating to bottling of soft drinks so as to provide for regulation 
thereof by the Department of Agriculture. 

Referred to Committee on Agriculture. 

By Senators Bailey and Coggins: S. B. 134, a bill to amend the laws 
relating to the education of deaf and blind children in state institutions. 

Referred to Committee on Public Health. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 112, a bill to authorize the Cumberland County ABC Board to 
establish a retirement system. 

Referred to Committee on Alcoholic Beverage Control. 

H. B. 123, a bill to authorize and empower the Marion City Board of 
Education to convey the Mountain View High School property to the board 
of county commissioners of McDowell County. 

Referred to Committee on Local Government. 

H. B. 170, a bill to authorize the Monroe City Board of Education to 
convey certain property to the city of Monroe. 

Referred to Committee on Local Government. 

S. B. 45, a bill to amend General Statutes 14-128 and General Statutes 
14-134.1 so as to increase penalty for violations, for concurrence in the 
House amendment. 

Upon motion of Senator Boger, action on the bill is postponed until 
Tuesday, February 25, 1969. 

H. B. 57, a bill granting ordinance-making authority to counties. 

Referred to Committee on Local Government. 

H. B. 88, a bill authorizing the city of Greensboro to convey a fee simple 
determinable estate in 10.41 acres of land to the Greensboro Police Club, 
Incorporated. 

Referred to Committee on Local Government. 

H. B. 107, a bill to make Hoke County "Stock Law Territory". 

Referred to Committee on Local Government. 

H. B. 139, a bill amending and supplementing all laws authorizing and 
providing for the issuance of bonds, notes or other obligations of a unit 



108 SENATE JOURNAL [Session 

within the meaning of the local government act to provide for the use of 
facsimile seals and signatures. 

Referred to Committee on Local Government. 

H. B. 144, a bill relating to terms and election of officials of the town of 
Wade in Cumberland County. 

Referred to Committee on Election Laws. 

H. B. 124, a bill authorizing the city of Whiteville and the Whiteville 
Airport Authority to convey airport property to Columbus County. 

Referred to Committee on Local Government. 

H. B. 129, a bill to terminate pooled accounts and to establish individual 
accounts of funds held by the clerk of Superior Court, Buncombe County. 

Referred to Committee on Courts and Judicial Districts. 

H. B. 130, a bill to amend Chapter 601 of the Session Laws of North 
Carolina for the year 1947, as amended, authorizing the city manager of 
Winston-Salem to execute contracts, deeds, bonds, and all other legal in- 
struments in the name and on behalf of the city. 

Referred to Committee on Local Government. 

H. B. 138, a bill to amend General Statutes 108-30.1 and General Statutes 
108-73-12a relating to welfare liens. 

Referred to Committee on Judiciary No. 2. 

H. B. 75, a bill to amend General Statutes 20-114.1 making unlawful the 
act of disobeying the directions of an officer directing traffic. 

Referred to Committee on Judiciary No. 2. 

H. B. 97, a bill amending General Statutes 20-179 so as to limit the first 
and second offenses of driving under the influence of intoxicating liquor or 
narcotic drugs to six months imprisonment. 

Referred to Committee on Judiciary No. 1. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 58, a bill to give the members of the police departments of all 
cities, towns and municipalities in Richmond County the authority to make 
arrests and serve criminal process in the territories outside the corporate 
limits for a distance of two and one-half miles. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 87, a bill to amend General Statutes 160-181.2 so as to include the 
city of Hamlet in the extraterritorial jurisdiction for zoning purposes. 

Upon motion of Senator McGeachy, the amendment offered by the Com- 
mittee is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 93, a bill to provide for the closing of any establishment declared 
to be a public nuisance in Richmond County. 



1969] SENATE JOURNAL 109 

Upon motion of Senator J. White of Cleveland, the amendment offered by 
the Committee is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 107, a bill to provide for the county-wide election of the Cherokee 
County Board of County Commissioners, which shall consist of three 
members. 

Upon motion of Senator J. White of Cleveland, consideration of the bill 
is postponed until Thursday, February 27, 1969. 

S. B. 115, a bill providing the city of Albemarle, North Carolina, al- 
ternative methods of assessing the cost of extending water and sewer lines. 

Upon motion of Senator Patterson, the bill is re-referred to the Committee 
on Finance. 

S. B. 116, a bill to amend the charter of the town of Liberty regarding 
elections. 

Upon motion of Senator Bowles, consideration of the bill is postponed 
until Tuesday, February 25, 1969. 

Upon motion of Senator Griffin, the Senate adjourns to meet tomorrow 
at 12 M. 



THIRTY-SIXTH DAY 

Senate Chamber, 
Tuesday, February 25, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by Reverend Russell B. Fleming, Senate Chaplain. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and 
found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

The President extends the courtesies of the floor to former Senator John 
L. Osteen of Guilford County. 

Upon motion of Senator Dent, the President extends the courtesies of 
the galleries to Mr. F. D. Pitts, President of Concord Mica Corporation, 
Boston. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Staton, for the Committee on Manufacturing, Labor and 
Commerce: 

S. B. 105, a bill to amend the Minimum Wage Act, with a favorable 
report. 

Upon motion of Senator Staton the bill is placed on the Calendar for 
Thursday, February 27, 1969. 



110 SENATE JOURNAL [Session 

By Senator Scott, for the Committee on Finance : 

H. B. 22, a bill to improve and provide public schools of a higher standard 
for the residents of Scotland Neck in Halifax County, to establish the 
Scotland Neck City Administrative Unit, to provide for the administration 
of the public schools in said administrative unit, to levy a special tax for 
the public schools of said administrative unit, all of which shall be subject 
to the approval of the voters in a referendum or special election, with a 
favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator James: S. B. 135, a bill to amend General Statutes 90-170 
relating to educational qualifications of applicants for licensed practical 
nurse examination. 

Referred to Committee on Public Health. 

By Senator McGeachy: S. B. 136, a bill to rewrite Article 46 of Chapter 
143 of the General Statutes, relating to the Governor's Committee on Law 
and Order. 

Referred to Committee on Correctional Institutions and Law Enforcement. 

By Senator Kirby: S. J. R. 137, a joint resolution directing the Depart- 
ment of Motor Vehicles to initiate, with the approval of the Governor, a 
system of semi-permanent registration plates for motor vehicles in lieu 
of the annual plate system now in effect. 

Referred to Committee on Public Roads. 

By Senators Dent and J. White of Cleveland: S. B. 138, a bill to amend 
Part 10 of Article 3 of Chapter 20 pertaining to motor vehicles to create an 
offense of unlawful flight to avoid apprehension. 

Referred to Committee on Highway Safety. 

By Senator Joyner: S. B. 139, a bill to change the name of the state and 
county boards and departments of public welfare and the positions of 
commissioner and directors of public welfare. 

Referred to Committee on Public Welfare. 

By Senators Edwards, Maxwell, Saunders, Gurganus, Staton, MacLean, 
Patterson, Nielson, Bryan, Griffin, James, Dent, J. White of Cleveland, West, 
Wood, Evans, S. Warren of Sampson, Robinson, Allen, Bowles, Johnson, 
Moore, Penn, Norton, Bagnal, V. White of Pitt, Joyner, Larkins, Murrow, 
Sapp, Henley and McGeachy: S. B. 140, a bill to create the North Carolina 
Zoological Authority and the North Carolina Zoo Site Selection Commission. 

Referred to Committee on Wildlife. 

By Senators Edwards, Maxwell, Saunders, Evans, Gurganus, Bryan, 
James, Griffin, Reed, J. White of Cleveland, West, Wood, Bowles, Johnson, 
S. Warren of Sampson, Joyner, Bagnal, V. White of Pitt, Murrow, MacLean, 
Allen, Larkins, Nielson, Sapp, Henley and McGeachy: S. B. 141, a bill to 
appropriate funds to acquire, construct, maintain and operate a State Zoo. 

Referred to Committee on Appropriations. 



1969] SENATE JOURNAL 111 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 101, a bill creating the Charlotte-Mecklenburg Charter Commission 
and providing for an election upon the consolidation of the governments of 
the municipalities within, and the county of Mecklenburg. 

Referred to Committee on Local Government. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

Committee Substitute for S. B. 30, a bill granting ordinance-making 
authority to counties. 

Upon motion of Senator J. White of Cleveland, consideration of the bill 
is postponed until Friday, February 28, 1969. 

S. B. 35, a bill to amend General Statutes 113-120.3 to increase penalty 
for mutilation, destruction of posted signs. 

Senators Ellis and Boger offer an amendment which is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 45, a bill to amend General Statutes 14-128 and General Statutes 
14-134.1 so as to increase penalty for violations, for concurrence in the 
House amendment. 

Upon motion of Senator Boger, the Senate concurs in the House amend- 
ment and the bill is ordered enrolled. 

S. B. 72, a bill amending the North Carolina Seed Law so as to provide 
an alternative method of collecting funds under said Act. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 116, a bill to amend the Charter of the town of Liberty regarding 
elections. 

Upon motion of Senator Bowles the Committee amendment is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

Upon motion of Senator Reed, the Senate adjourns to meet tomorrow 
at 12 M. 



THIRTY-SEVENTH DAY 

Senate Chamber, 
Wednesday, February 26, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the 
Senate. 



112 SENATE JOURNAL [Session 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and 
found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

Upon motion of Senator Larkins, the courtesies of the floor are extended 
to Mr. Ernest Ross, former Senator from McDowell County and now 
Director of the Lenoir County Industrial Development Commission. 

Upon motion of Senator Briggs, the courtesies of the galleries are ex- 
tended to Mr. Phin Horton, City Manager of Asheville, North Carolina. 

Upon motion of Senators Moore, Maxwell and Evans, the courtesies of 
the galleries are extended to the Eighth Grade of the Learning Academy, 
Huntersville, and to their teachers, Mrs. Billy Bourgeois. 

The President extends the courtesies of the galleries to Mrs. Burwell 
Edwards of High Point, who is in her fifty-first year as a teacher of the 
First Grade. 

The President grants leave of absence to Senators Moore and Nielson 
for tomorrow, February 27, 1969. 

The President grants leave of absence to Senator J. White of Cleveland 
for tomorrow, February 27, and for Friday, February 28, 1969. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. B. 45, an act to amend General Statutes 14-128 and General Statutes 
14-134.1 so as to increase penalty for violations. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Norton, for the Committee on Election Laws: 

H. B. 9, a bill to amend General Statutes 163-46 so as to increase the 
compensation for precinct registrars and judges, with a favorable report. 

By Senator Maxwell, for the Committee on Correctional Institutions and 
Law Enforcement: 

S. B. 136, a bill to rewrite Article 46 of Chapter 143 of the General 
Statutes, relating to the Governor's Committee on Law and Order, with a 
favorable report, as amended. 

By Senator J. White of Cleveland, for the Committee on Local Govern- 
ment: 

S. B. 123, a bill placing Caswell County under the general laws relating 
to county fiscal control, with a favorable report. 

S. B. 124, a bill relating to the compensation of the members of the 
board of county commissioners of Caswell County, with a favorable report. 

H. B. 57, a bill granting ordinance-making authority to counties, with a 
favorable report. 



1969] SENATE JOURNAL 113 

H. B. 88, a bill authorizing the city of Greensboro to convey a fee simple 
determinable estate in 10.41 acres of land to the Greensboro Police Club, 
Incorporated, with a favorable report. 

H. B. 101, a bill creating the Charlotte-Mecklenburg Charter Commission 
and providing for an election upon the consolidation of the governments of 
the municipalities within, and the county of Mecklenburg, with a favorable 
report. 

H. B. 107, a bill to make Hoke County "Stock Law Territory", with a 
favorable report. 

H. B. 123, a bill to authorize and empower the Marion City Board of 
Education to convey the Mountain View High School property to the board 
of county commissioners of McDowell County, with a favorable report. 

H. B. 124, a bill authorizing the city of Whiteville and the Whiteville 
Airport Authority to convey airport property to Columbus County, with a 
favorable report. 

H. B. 130, a bill to amend Chapter 601 of the Session Laws of North 
Carolina for the year 1947, as amended, authorizing the city manager of 
Winston-Salem to execute contracts, deeds, bonds and all other legal 
instruments in the name and on behalf of the city, with a favorable report, 
as amended. 

H. B. 139, a bill amending and supplementing all laws authorizing and 
providing for the issuance of bonds, notes or other obligations of a unit 
within the meaning of the local government act to provide for the use of 
facsimile seals and signatures, with a favorable report. 

H. B. 170, a bill to authorize the Monroe City Board of Education to 
convey certain property to the city of Monroe, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator James: S. B. 142, a bill to amend Chapter 982 of the Session 
Laws of 1963; to repeal Section 2 of Chapter 1062 of the Session Laws of 
1967, and to allocate the profits earned by the Hamlet Board of Alcoholic 
Control. 

Referred to Committee on Alcoholic Beverage Control. 

By Senator L. Warren of Wayne: S. B. 143, a bill to amend General 
Statutes 84-33 relating to the annual and special meetings of the North 
Carolina State Bar. 

Referred to Committee on Judiciary No. 1. 

By Senator L. Warren of Wayne: S. B. 144, a bill amending Article IV 
of Chapter 84 of the General Statutes so as to permit district bar associa- 
tions to assess and collect annual membership fees for the promotion and 
maintenance of its administration, activities and programs. 

Referred to Committee on Judiciary No. 1. 

By Senator L. Warren of Wayne: S. B. 145, a bill to make certain judges 
and prosecutors of the district court division of the general court of justice 
honorary members of the North Carolina State Bar. 



114 SENATE JOURNAL [Session 

Referred to Committee on Courts and Judicial Districts. 

By Senator Nielson: S. B. 146, a bill to impose a tax upon attendance 
at motion pictures based upon classifications of the Motion Picture Associa- 
tion of America. 

Referred to Committee on Finance. 

By Senator Bowles: S. B. 147, a bill to appropriate funds to the North 
Carolina Association of Rescue Squads for the purchase of a mobile com- 
munications center. 

Referred to Committee on Appropriations. 

By Senators Wood and Harrington: S. B. 148, a bill to amend General 
Statutes 105-449 to provide an exemption from the State gasoline tax of 
gasoline used in non-public school transportation. 

Referred to Committee on Public Roads. 

By Senator Henley: S. B. 149, a bill to amend Chapter 136 of the General 
Statutes to require the State Highway Commission to mark paved roads 
with center and pavement edge lines. 

Referred to Committee on Public Roads. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representa- 
tives : 

House of Representatives, 
February 25, 1969. 
Mr. President : 

Pursuant to your request, we are returning H. B. 69, a bill to be entitled 
an act to amend Chapter 160 of the General Statutes to provide that 
policemen and firemen who are non-residents may be employed, for further 
consideration by your Honorable Body. 

Respectfully, 

Jo Ann Smith, Principal Clerk 

Upon motion of Senator Allsbrook, the vote by which H. B. 69, a bill to 
amend Chapter 160 of the General Statutes to provide that policemen and 
firemen who are non-residents may be employed, passed its third reading 
is reconsidered. 

Upon motion of Senator Allsbrook, the vote by which the amendment 
was adopted is reconsidered and upon his motion the amendment is with- 
drawn. 

The bill passes its third reading and is ordered enrolled. 

message from the house of representatives 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 31, a bill relating to the receipt of unordered merchandise so as 
to provide that the recipient thereof is not liable for the payment thereof. 



1969] SENATE JOURNAL 115 

Referred to Committee on Manufacturing, Labor and Commerce. 

H. B. 131, a bill to amend General Statutes 160-181.9 relating to defini- 
tions of open space areas, and General Statutes 160-181.10 to delete Forsytb 
County. 

Referred to Committee on Local Government. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

H. B. 22, a bill to improve and provide public schools of a higher standard 
for the residents of Scotland Neck in Halifax County, to establish the 
Scotland Neck City Administrative Unit, to provide for the administration 
of the public schools in said administrative unit, to levy a special tax for 
the public schools of said administrative unit, all of which shall be subject 
to the approval of the voters in a referendum or special election. 

Upon motion of Senator Scott, consideration of the bill is postponed 
until tomorrow, Thursday, February 27, 1969. 

Upon motion of Senator Flaherty, the Senate adjourns to meet tomorrow 
at 12 o'clock noon. 



THIRTY-EIGHTH DAY 

Senate Chamber, 
Thursday, February 27, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Edward O'Doherty, Pastor of the 
Church of the Holy Infant, Reidsville. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and 
found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

Upon motion of Senator Burney, the courtesies of the galleries are ex- 
tended to Miss Julia Barfield of Wilmington, granddaughter of former 
Senator Campen of Pamlico County. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

H. B. 69,. an act to amend Chapter 160 of the General Statutes to provide 
that policemen and firemen who are non-residents may be employed. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing Committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 



116 SENATE JOURNAL [Session 

By Senator Evans, for the Committee on Education: 

S. B. 15, a bill to incorporate and establish the Central North Carolina 
School for the Deaf, with a favorable report. 

Upon motion of Senator Evans, the bill is re-referred to the Committee 
on Appropriations. 

S. B. 82, a bill directing the State Board of Education to conduct a study 
as to the feasibility of introducing into the public school system curriculum 
instruction in the environment and natural resources and appropriating 
funds for said study, with a favorable report, as amended. 

Upon motion of Senator 'Evans, the bill is re-referred to the Committee 
on Appropriations. 

By Senator Boger, for the Committee on Judiciary No. 2: 

S. B. 48, a bill to make it a felony for a person to remove a child from 
this State when a court has awarded custody to another person, with an 
unfavorable report as to bill, favorable report as to Committee substitute 
bill. 

Upon motion of Senator Allsbrook, the bill is placed upon today's 
Calendar. 

S. B. 103, a bill permitting citizens of this State to purchase rifles and 
shotguns in contiguous states and defining antique firearms, with a favor- 
able report, as amended. 

H. B. 138, a bill to amend General Statutes 108-30.1 and General Statutes 
108-73. 12a relating to welfare liens, with a favorable report, as amended. 

By Senator Evans, for the Committee on Education: 

S. B. 109, a bill to authorize the State Board of Education to establish a 
kindergarten program for five-year-olds, with a favorable report. 

Upon motion of Senator Evans, the bill is re-referred to the Committee 
on Appropriations. 

S. B. 110, a bill to authorize the use of school buses as needed for in- 
structional programs and to transport pupils with special needs, with a 
favorable report. 

By Senator Griffin, for the Committee on Veterans and Military Affairs: 

S. B. 128, a bill amending General Statutes 127-14 and General Statutes 
127-23.1 relating to the assistant to the Adjutant General and to commis- 
sions by brevet, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senators Allsbrook, Staton, Burney, Edwards, Gurganus, Sapp, Boger, 
MacLean, Ellis, Bagnal and Flaherty: S. B. 150, a bill to revise and amend 
the Constitution of North Carolina. 

Referred to Committee on Constitution. 

By Senators James, Saunders, Boger and Patterson: S. J. R. 151, a joint 
resolution recognizing the disaster conditions created on February 16, 1969, 
in certain areas of North Carolina by an ice storm. 



1969] SENATE JOURNAL 117 

Upon motion of Senator Saunders, the rules are suspended and the 
resolution is placed upon its immediate passage. 

The resolution passes its second reading. 

Senator MacLean offers an amendment which is adopted. 

The resolution, as amended, passes its third reading and is ordered sent 
to the House of Representatives without engrossment, by special messenger. 

By Senator Staton: S. B. 152, a bill to create Chapter 55B of the General 
Statutes relating to the formation of corporations by persons duly licensed 
to render professional services, and denning the powers and responsibilities 
of such corporations and its members. 

Referred to Committee on Judiciary No. 2. 

By Senator Burney: S. B. 153, a bill to amend the budget capital improve- 
ment appropriation bill of 1969 (direct appropriation). 

Referred to Committee on Appropriations. 

By Senator Rauch: S. B. 154, a bill to amend Chapter 21 of the Session 
Laws of 1961 relating to the rules and regulations for municipal elections 
of the city of Gastonia. 

Referred to Committee on Local Government. 

By Senator Rauch: S. B. 155, a bill to authorize the qualified voters of 
the town of Bessemer City to determine whether wine and beer may be 
legally sold and alcoholic beverage control stores operated in the town of 
Bessemer City. 

Referred to Committee on Alcoholic Beverage Control. 

By Senator Edwards: S. B. 156, a bill to amend Articles 11, 13 and 14 
of Chapter 54 of the General Statutes relating to the powers, officers and 
supervision of credit unions. 

Referred to Committee on Banking. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 149, a bill to amend the Minimum Wage Act. 

Referred to Committee on Manufacturing, Labor and Commerce. 

H. B. 161, a bill applicable to Winston-Salem only, amending General 
Statutes 160-175. 

Referred to Committee on Local Government. 

H. B. 181, a bill to amend General Statutes 31-1 to authorize any person 
of sound mind, and eighteen years of age or over, to make a will. 

Referred to Committee on Judiciary No. 1. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

H. B. 22, a bill to improve and provide public schools of a higher standard 
for the residents of Scotland Neck in Halifax County, to establish the 



118 SENATE JOURNAL [Session 

Scotland Neck City Administrative Unit, to provide for the administration 
of the public schools in said administrative unit, to levy a special tax for 
the public schools of said administrative unit, all of which shall be subject 
to the approval of the voters in a referendum or special election, upon 
second reading. 

The bill passes its second reading by roll call vote, ayes 30, noes 14, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Boger, Bowles, Briggs, Burney, Dent, Ellis, Flaherty, Folger, Gurganus, 
Harrington, Henley, Johnson, Kirby, Larkins, MacLean, McGeachy, Norton, 
Patterson, Poovey, Reed, Robinson, Sapp, Staton, S. Warren of Sampson, 
West, V. White of Pitt, Wood— 30. 

Those voting in the negative are: Senators Bailey, Bryan, Coggins, 
Edwards, Evans, Griffin, James, Joyner, Maxwell, Murrow, Penn, Rauch, 
Saunders, Wilkie — 14. 

The following pairs are announced: Senators J. White of Cleveland 
"aye", Currie "no"; L. Warren of Wayne "aye", Moore "no"; Scott "aye", 
Nielson "no". 

H. B. 101, a bill creating the Charlotte-Mecklenburg Charter Commission 
and providing for an election upon the consolidation of the governments of 
the municipalities within, and the county of, Mecklenburg. 

Upon motion of Senator Evans, the bill is placed upon the Calendar for 
Wednesday, March 5, 1969. 

S. B. 107, a bill to provide for the countywide election of the Cherokee 
County Board of County Commissioners, which shall consist of three 
members. 

Upon motion of Senator West, the bill is re-referred to the Committee on 
Judiciary No. 1. 

S. B. 123, a bill placing Caswell County under the general laws relating 
to county fiscal control. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 124, a bill relating to the compensation of the members of the board 
of county commissioners of Caswell County. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 88, a bill authorizing the city of Greensboro to convey a fee simple 
determinable estate in 10.41 acres of land to the Greensboro Police Club, 
Incorporated. 

Passes its second and third readings and is ordered enrolled. 

H. B. 107, a bill to make Hoke County "Stock Law Territory". 

Passes its second and third readings and is ordered enrolled. 

H. B. 123, a bill to authorize and empower the Marion City Board of 
Education to convey the Mountain View High School property to the 
board of county commissioners of McDowell County. 

Passes its second and third readings and is ordered enrolled. 



1969] SENATE JOURNAL 119 

H. B. 124, a bill authorizing the city of Whiteville and the Whiteville 
Airport Authority to convey airport property to Columbus County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 130, a bill to amend Chapter 601 of the Session Laws of North 
Carolina for the year 1947, as amended, authorizing the city manager of 
Winston-Salem to execute contracts, deeds, bonds, and all other legal in- 
struments in the name and on behalf of the city. 

Upon motion of Senator S. Warren of Sampson, the amendment offered 
by the Committee is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
sent to the House of Representatives, for concurrence in the Senate amend- 
ment. 

H. B. 170, a bill to authorize the Monroe City Board of Education to 
convey certain property to the city of Monroe. 

Passes its second and third readings and is ordered enrolled. 

S. B. 105, a bill to amend the Minimum Wage Act. 

Upon motion of Senator Staton, the bill is re-referred to the Committee 
on Manufacturing, Labor and Commerce. 

S. B. 136, a bill to rewrite Article 46 of Chapter 143 of the General 
Statutes, relating to the Governor's Committee on Law and Order. 

Upon motion of Senator Bailey, the amendment offered by the Committee 
is adopted. 

Senator McGeachy offers an amendment which is adopted. 

Senator Burney offers an amendment which is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

H. B. 9, a bill to amend General Statutes 163-46 so as to increase the 
compensation for precinct registrars and judges. 

Passes its second and third readings and is ordered enrolled. 

H. B. 57, a bill granting ordinance-making authority to counties. 

Upon motion of Senator McGeachy, consideration of the bill is postponed 
until Tuesday, March 4, 1969. 

H. B. 139, a bill amending and supplementing all laws authorizing and 
providing for the issuance of bonds, notes or other obligations of a unit 
within the meaning of the local government act to provide for the use of 
facsimile seals and signatures. 

Passes its second and third readings and is ordered enrolled. 

Committee Substitute for S. B. 48, a bill to make it a felony for a person 
to remove a child from this State when a court has awarded custody to 
another person. 

Upon motion of Senator Allsbrook, the Committee Substitute is adopted, 
and the bill remains upon the Calendar. 

Upon motion of Senator Coggins, the Senate adjourns to meet tomorrow 
morning at 10:00 o'clock. 



120 SENATE JOURNAL [Session 

THIRTY-NINTH DAY 

•Senate Chamber, 
Friday, February 28, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the 
Senate. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and is 
found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

Upon motion of Senators Bailey and Coggins, the President extends the 
courtesies of the galleries to ninety students of the A. B. Combs School, 
Raleigh, and to their teachers, Miss Spivey and Miss Valaco. 

The President grants leave of absence to Senators L. Warren of Wayne 
and Ellis for today. 

The President recognizes Senator Wood and appoints Senator Harrington 
to escort him to the well of the Senate, where he speaks on the subject of 
the agricultural heritage of the State, with particular reference to the 
merits of the soybean. 

Upon motion of Senator MacLean, S. B. 72, a bill amending the North 
Carolina Seed Law so as to provide an alternative method for collecting 
funds under said act, is ordered recalled from the House of Representatives 
for further consideration. 

APPOINTMENT 

The President announces the appointment of Senator Kirby to the Com- 
mittee on Highway Safety. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Scott, for the Committee on Finance: 

S. B. 115, a bill providing the city of Albemarle, North Carolina, alterna- 
tive methods of assessing the cost of extending water and sewer lines, with 
a favorable report, as amended. 

By Senator J. White, for the Committee on Local Government: 

Committee Substitute for S. B. 71, a bill to amend Chapter 121, Private 
Laws of 1931, to provide for the election of the city council of the city of 
Asheville, and solicitor and judge of police court, with an unfavorable re- 
port as to bill, favorable report as to Committee Substitute bill. 

Upon motion of Senator Penn, the Committee Substitute bill is placed 
upon today's Calendar. 

H. B. 131, a bill to amend General Statutes 160-181.9 relating to defini- 
tions of open space areas, and General Statutes 160-181.10 to delete Forsyth 
County, with a favorable report. 



1969] SENATE JOURNAL 121 

By Senator Staton, for the Committee on Manufacturing, Labor and 
Commerce: 

H. B. 149, a bill to amend the Minimum Wage Act, with a favorable 
report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator Moore: S. B. 157, a bill to exempt boats operated on private 
ponds from motorboat law. 

Referred to Committee on Wildlife. 

By Senator Moore: S. B. 158, a bill to require skin divers to display a 
warning flag as approved by the Underwater Society of America. 

Referred to Committee on Wildlife. 

By Senator Moore: S. B. 159, a bill to regulate the use of firearms in 
field trials and in training dogs. 

Referred to Committee on Wildlife. 

By Senators Moore, Edwards, Dent and Gurganus: S. B. 160, a bill to fix 
the compensation and provide for certain legislative expenses of members 
of the General Assembly. 

Referred to Committee on Rules and Operation of the Senate. 

By Senator MacLean: S. B. 161, a bill to amend Chapter 316 of the 
Session Laws of 1947, as amended relating to professional bondsmen in 
Robeson County. 

Referred to Committee on Local Government. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

S. J. R. 151, a joint resolution recognizing the disaster conditions created 
on February 16, 1969, in certain areas of North Carolina by an ice storm, 
for concurrence in the House amendment. 

Upon motion of Senator MacLean, the Senate concurs in the House 
amendment and the bill is ordered enrolled. 

H. B. 82, a bill to amend General Statutes 53-91 to authorize loans in 
excess of $2,500 to officers of banks. 

Referred to Committee on Banking. 

H. B. 152, a bill to amend General Statutes 24-8, which permits an eight 
percent interest rate, so as to include foreign or domestic real estate in- 
vestment trusts. 

Referred to Committee on Banking. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 



122 SENATE JOURNAL [Session 

H. B. 22, a bill to improve and provide public schools of a higher standard 
for the residents of Scotland Neck in Halifax County, to establish the 
Scotland Neck City Administrative Unit, to provide for the administration 
of the public schools in said administrative unit, to levy a special tax for the 
public schools of said administrative unit, all of which shall be subject to 
the approval of the voters in a referendum or special election, upon third 
reading. 

Senator Moore moves that the bill be re-referred to the Committee on 
Appropriations, and calls the previous question on that motion. 

The motion to call the previous question fails to prevail. 

The motion to re-refer the bill to the Committee on Appropriations fails 
to prevail. 

The bill passes its third reading by roll call vote, ayes 29, noes 12, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Boger, Bowles, Briggs, Burney, Dent, Flaherty, Folger, Gurganus, Harring- 
ton, Henley, Johnson, Kirby, MacLean, McGeachy, Norton, Patterson, 
Poovey, Reed, Robinson, Sapp, Scott, Staton, S. Warren of Sampson, West, 
V. White of Pitt, Wood— 29. 

Those voting in the negative are: Senators Bryan, Coggins, Edwards, 
Evans, Griffin, Joyner, Maxwell, Murrow, Nielson, Penn, Saunders, Wilkie — 
12. 

The following pairs are announced: Senators L. Warren of Wayne "aye", 
Moore "no"; Larkins "aye", Bailey "no"; J. White of Cleveland "aye", 
Currie "no"; Ellis "aye", Rauch "no". 

The bill is ordered enrolled. 

Committee Substitute for S. B. 30, a bill granting ordinance-making 
authority to counties. 

Upon motion of Senator McGeachy, consideration of the bill is postponed 
until Tuesday, March 4, 1969. 

Committee Substitute for S. B. 48, a bill to make it a felony for a person 
to remove a child from this State when a court has awarded custody to 
another person. 

Upon motion of Senator Boger, consideration of the bill is postponed 
until Tuesday, March 4, 1969. 

S. B. 103, a bill permitting citizens of this State to purchase rifles and 
shotguns in contiguous States and defining antique firearms. 

Upon motion of Senator Kirby, consideration of the bill is postponed 
until Monday, March 3, 1969. 

S. B. 110, a bill to authorize the use of school buses as needed for in- 
structional programs and to transport pupils with special needs. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 128, a bill amending General Statutes 127-14 and General Statutes 
127-23.1 relating to the assistant to the Adjutant General and to com- 
missions by brevet. 



1969] SENATE JOURNAL 123 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 138, a bill to amend General Statutes 108-30.1 and General Statutes 
108-73. 12a relating to welfare liens. 

Upon motion of Senator Boger, the Committee amendment is adopted. 

Upon motion of Senator Boger, the bill is re-referred to the Committee 
on Judiciary No. 2. 

Committee Substitute for S. B. 71, a bill reducing the term of office 
of the Asheville City Council to two years. 

Upon motion of Senator Penn, the Committee Substitute is adopted and 
the bill remains upon the Calendar. 

Upon motion of Senator Allen, the Senate adjourns to meet tomorrow 
morning at 9:30 o'clock, at which time only Public Local bills will be con- 
sidered, and adjournment will be until Monday evening at 8:00 o'clock. 



FORTIETH DAY 

Senate Chamber, 
Saturday, March 1, 1969. 

The Senate meets pursuant to adjournment, and in the absence of 
Lieutenant Governor H. Patrick Taylor, Jr. and President Pro Tempore N. 
Hector McGeachy, the Principal Clerk, Roy Rowe, calls Senator Bailey to 
the Chair who calls the Senate to order and presides during the Session. 

Prayer is offered by Senator Coggins. 

Senator Coggins for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and found to 
be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

Upon motion of Senator Coggins, the Senate adjourns to meet Monday 
evening at 8:00 o'clock. 



FORTY-FIRST DAY 

Senate Chamber, 
Monday, March 3, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by Senator Norman H. Joyner, who also serves as 
Interim Pastor of Oakdale Baptist Church, Statesville. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate reports that the Journal of Saturday has been examined and is 
found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

The President extends the courtesies of the galleries to Mrs. John J. 
Burney, Jr., wife of the Senator from New Hanover County, and to Mrs. 
Charles H. Larkins, Jr., wife of the Senator from Lenoir County. 



124 SENATE JOURNAL [Session 

The President extends the courtesies of the galleries to former Represent- 
ative W. A. "Red" Forbes of Pitt County. 

The President grants leave of absence to Senator Dent for tonight and 
for tomorrow, March 4, 1969. 

The President appoints Senators Scott, Penn, Edwards and Bowles to 
represent the Senate at the funeral of Mrs. Mary Norris Richardson 
Preyer, mother of Sixth District Congressman L. Richardson Preyer. The 
funeral of Mrs. Preyer will be held in Greensboro on Tuesday, March 4, 
1969, at 2:00 p.m. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

H. B. 9, an act to amend General Statutes 163-46 so as to increase the 
compensation for precinct registrars and judges. 

H. B. 88, an act authorizing the city of Greensboro to convey a fee simple 
determinable estate in 10.41 acres of land to the Greensboro Police Club, 
Incorporated. 

H. B. 107, an act to make Hoke County "Stock Law Territory". 

H. B. 123, an act to authorize and empower the Marion City Board of 
Education to convey the Mountain View High School property to the board 
of county commissioners of McDowell County. 

H. B. 124, an act authorizing the city of Whiteville and the Whiteville 
Airport Authority to convey airport property to Columbus County. 

H. B. 139, an act amending and supplementing all laws authorizing and 
providing for the issuance of bonds, notes or other obligations of a unit 
within the meaning of the local government act to provide for the use of 
facsimile seals and signatures. 

H. B. 170, an act to authorize the Monroe City Board of Education to 
convey certain property to the city of Monroe. 

H. B. 22, an act to improve and provide public schools of a higher standard 
for the residents of Scotland Neck in Halifax County, to establish the 
Scotland Neck City Administrative Unit, to provide for the administration 
of the public schools in said administrative unit, to levy a special tax for 
the public schools of said administrative unit, all of which shall be subject 
to the approval of the voters in a referendum or special election. 

S. B. 55, an act to amend Chapter 120 of the General Statutes so as to 
establish the Legislative Intern Program Council, and to enable such council 
to promulgate and adopt a plan for legislative interns. 

H. B. 130, an act to amend Chapter 601 of the Session Laws of North 
Carolina for the year 1947, as amended, authorizing the city manager of 
Winston-Salem to execute contracts, bonds and all other legal instruments, 
except deeds, in the name and on behalf of the city. 

S. J. R. 151, a joint resolution recognizing the disaster conditions created 
on February 16, 1969, in certain areas of North Carolina by an ice storm. 



1969] SENATE JOURNAL 125 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator MacLean, for the Committee on Agriculture: 

S. B. 104, a bill to appropriate funds to the North Carolina Department 
of Agriculture for the establishment of a research station to serve North 
Carolina emphasizing sweet potatoes, vegetable crops, and small fruits, 
with a favorable report. 

Upon motion of Senator MacLean, the bill is re-referred to the Committee 
on Appropriations. 

S. B. 132, a bill rewriting General Statutes 106-245.16 relating to the 
North Carolina Egg Law, with a favorable report. 

S. B. 132, a bill to amend Article 16 of Chapter 106 relating to bottling 
of soft drinks so as to provide for regulation thereof by the Department 
of Agriculture, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senators James and Saunders: S. B. 162, a bill to authorize the 
Thomasville City Board of Education to acquire certain land for a school 
site and to authorize purchase and payment of same on an installment 
basis. 

Referred to Committee on Education. 

By Senator Scott: S. B. 163, a bill appropriating funds to the Department 
of Conservation and Development for the construction and equipping of a 
forestry headquarters building in Alamance County. 

Referred to Committee on Conservation and Development. 

By Senator James: S. B. 164, a bill to make certain appropriations to the 
State Board of Education for the purpose of adding to the Richmond 
Technical Institute a two-year curriculum of transferable college courses 
in liberal arts and sciences. 

Referred to Committee on Appropriations. 

By Senator James: S. B. 165, a bill to amend General Statutes 163-46 so 
as to fix the compensation of registrars and judges of election in Richmond 
County. 

Referred to Committee on Election Laws. 

By Senator MacLean: S. B. 166, a bill to amend Article 50, Chapter 106 
of the General Statutes so as to provide for ballots by mail in referendums 
among producers of agricultural products on the question of self-assessment 
programs. 

Referred to Committee on Agriculture. 

By Senator MacLean: S. B. 167, a bill rewriting General Statutes 
106-564.3 relating to assessments on cattle so as to provide for assessments 
on all cattle sold. 



126 SENATE JOURNAL [Session 

Referred to Committee on Agriculture. 

By Senator Staton: S. B. 168, a bill to amend Chapter 127 of the General 
Statutes so as to grant certain members of the North Carolina National 
Guard or State Defense Militia immunity from criminal or civil liability 
for acts done in the performance of their duties during time of public 
disaster or crisis. 

Referred to Committee on Veterans and Military Affairs. 

By Senator Ellis: S. B. 169, a bill to extend the corporate limits of the 
city of Jacksonville so as to include the area on which the city's waste 
stabilization lagoon is located. 

Referred to Committee on Local Government. 

By Senators Saunders and James: S. B. 170, a bill to authorize a 
referendum in the towns of Biscoe and Mount Gilead on alcoholic beverage 
control stores. 

Referred to Committee on Alcoholic Beverage Control. 

special message from the house of representatives 

House of Representatives, 
February 28 ,1969. 
Mr. President: 

Pursuant to your request, we are returning S. B. 72, "A bill to be entitled 
an act amending the North Carolina Seed Law so as to provide an alterna- 
tive method for collecting funds under said act," for further consideration 
by your Honorable Body. 

Respectfully, 
Jo Ann Smith, Principal Clerk 

Upon motion of Senator MacLean, the vote by which the bill passed its 
third reading is reconsidered. 

Upon motion of Senator MacLean, the vote by which the bill passed its 
second reading is reconsidered. 

Upon motion of Senator MacLean, the bill is placed upon the Calendar 
for tomorrow, Tuesday, March 4, 1969. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 212, a bill to amend Article 16 of Chapter 106 relating to bottling 
of soft drinks so as to provide for regulation thereof by the Department of 
Agriculture. 

Referred to Committee on Agriculture. 

H. B. 175, a bill to provide that the issuance of bonds after a bond order 
takes effect shall be extended by the period of time within which such 
bonds could not be issued because of litigation. 

Referred to Committee on Local Government. 

H. J. R. 213, a joint resolution establishing a cut-off date after which no 
local bills may be introduced in the General Assembly of North Carolina. 



1969] SENATE JOURNAL 127 

Referred to Committee on Rules and Operation of the Senate. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

Committee Substitute for S. B. 71, a bill reducing the term of office of 
the Asheville City Council to two years. 

Upon motion of Senator J. White of Cleveland consideration of the bill is 
postponed until Wednesday, March 5, 1969. 

S. B. 115, a bill providing the City of Albemarle, North Carolina, alterna- 
tive methods of assessing the cost of extending water and sewer lines. 

Upon motion of Senator Patterson the Committee amendment is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 103, a bill permitting citizens of this State to purchase rifles and 
shotguns in contiguous States and defining antique firearms. 

Upon motion of Senator Kirby the Committee amendment is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

H. B. 131, a bill to amend General Statutes 160-181.9 relating to defini- 
tions of open space areas, and General Statutes 160-181.10 to delete Forsyth 
County. 

Senator J. White of Cleveland offers an amendment which is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
sent to the House of Representatives for concurrence in the Senate amend- 
ment. 

H. B. 149, a bill to amend the Minimum Wage Act. 

Passes its second and third readings and is ordered enrolled. 

Upon motion of Senator Moore, the Senate adjourns to meet tomorrow 
at 12 M. 



FORTY-SECOND DAY 

Senate Chamber, 
Tuesday, March 4, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the 
Senate. 

Senator Moore for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and found to be 
correct, and upon his motion the reading of the Journal is dispensed with 
and it stands approved as written. 

Upon motion of Senators Briggs and Burney, the President extends the 
courtesies of the galleries to Dr. James Webster, Professor of Law, Wake 
Forest University School of Law. 



128 SENATE JOURNAL [Session 

Upon motion of Senator S. Warren of Sampson, the President extends 
the courtesies of the galleries to a group of students from Union High 
School in Sampson County, and to their teacher, Mr. Roland Matthews. 

The President extends the courtesies of the floor to former Senator Henry 
Gray Shelton of Edgecombe County. 

The President grants leave of absence to Senator Moore for Thursday 
and Friday, March 6 and 7, 1969. 

The President announces that he has in his office for the inspection of 
any member of the Senate the case of each reprieve, commutation and 
pardon granted by the Governor during the biennium 1967-69, which in 
accordance with Article III, Section 6 of the Constitution of North Carolina 
is required to be filed with the General Assembly. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

H. B. 149, an act to amend the Minimum Wage Act. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Bailey, for the Committee on Courts and Judicial Districts: 

H. B. 133, a bill to repeal Chapter 503 of the Session Laws of 1953 
relating to the Recorder's Court at Mooresville, Iredell County, and to 
amend Chapter 613 Public-Local Laws 1913, with a favorable report. 

By Senator Wood, for the Committee on Highway Safety: 

H. B. 84, a bill amending General Statutes 20-11 (b) relating to auto- 
mobile operators learners' permits so as to permit night driving with such 
permit, with a favorable report. 

By Senator Ellis, for the Committee on Judiciary No. 1 : 

S. B. 131, a bill to validate the acts of certain notaries where the notary 
seal incorrectly contained the name of another state, with a favorable 
report. 

H. B. 97, a bill amending General Statutes 20-179 so as to limit the first 
and second offenses of driving under the influence of intoxicating liquor or 
narcotic drugs to six months imprisonment, with an unfavorable report as 
to bill, favorable as to committee substitute bill. 

Upon motion of Senator Ellis, the substitute bill is placed on today's 
Calendar. 

H. B. 145, a bill to amend Chapter 93B of the General Statutes to 
require occupational licensing boards to file annual reports with the 
Attorney General's office, with a favorable report. 

H. B. 181, a bill to amend General Statutes 31-1 to authorize any person 
of sound mind, and 18 years of age or over, to make a will, with a favorable 
report. 



1969] SENATE JOURNAL 129 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senators Flaherty and Murrow: S. B. 171, a bill to amend General 
Statutes 95-86 so as to increase the persons and occupations covered by the 
Minimum Wage Act. 

Referred to Committee on Manufacturing, Labor and Commerce. 

By Senators Edwards, Bailey and L. Warren of Wayne: S. B. 172, a bill 
to control certain acquisitions of or offers to acquire capital stock of 
domestic insurance companies or insurance holding companies and payment 
of dividends to insurance holding companies that would substantially 
weaken insurance companies' financial soundness. 

Referred to Committee on Insurance. 

By Senator Staton: S. B. 173, a bill to amend the Workmen's Compensa- 
tion Act, regarding benefits. 

Referred to Committee on Manufacturing, Labor and Commerce. 

By Senator Moore: S. B. 174, a bill to amend General Statutes 103-2 to 
prohibit hunting on Sunday before twelve o'clock noon. 

Referred to Committee on Wildlife. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 85, a bill to amend the charter of the town of Belhaven, Chapter 
246 of the Private Laws of 1907 to establish the position of town manager. 

Referred to Committee on Local Government. 

H. B. 127, a bill to amend General Statutes 160-61.1, relating to the 
authority of municipalities to execute warranty deeds, so as to make it 
applicable to Moore County. 

Referred to Commitee on Judiciary No. 1. 

H. B. 148, a bill to require the Board of Education of Davie County to 
furnish to the Board of County Commissioners of Davie County a quarterly 
financial report. 

Referred to Committee on Local Government. 

H. B. 150, a bill to increase the compensation of the county commissioners 
of Wilson County. 

Referred to Committee on Local Government. 

H. B. 154, a bill to amend Chapter 508 of the Session Laws of 1947 so 
as to permit Harnett County to release certain restrictions on hospital 
property. 

Referred to Committee on Local Government. 

H. B. 174, a bill to amend General Statutes 163-30 regarding the oath of 
office for county boards of elections. 

Referred to Committee on Election Laws. 



130 SENATE JOURNAL [Session 

H. B. 177, a bill to amend Chapter 148 of the Session Laws of 1963 and 
Chapter 152 of the Session Laws of 1967 relating to the Charter of the town 
of Nags Head and to amend said charter relating to the election of the 
members of the governing body of said Town. 

Referred to Committee on Local Government. 

H. B. 180, a bill amending the charter of the city of Winston-Salem. 

Referred to Committee on Local Government. 

H. B. 192, a bill amending General Statutes 153-9 ( 35 V 2 ) and 153-9(35%) 
relating to the authority of boards of county commissioners to expend 
nontax and tax revenues for soil and water conservation so as to make 
said statutes applicable to New Hanover County. 

Referred to Committee on Local Government. 

H. B. 194, a bill to amend Chapter 713 of the Session Laws of 1965, 
being the charter of the city of Charlotte in Mecklenburg County. 

Referred to Committee on Local Government. 

H. B. 196, a bill to amend General Statutes 105-345, fixing discounts for 
prepayment of taxes in Wilkes County. 

Referred to Committee on Local Government. 

H. J. R. 256, a joint resolution honoring the life and memory of James 
Vivian Whitfield. 

Upon motion of Senator S. Warren of Sampson, the rules are suspended 
and the bill is placed on its immediate passage. 

Passes its second and third readings and is ordered enrolled. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 72, a bill amending the North Carolina Seed Law so as to provide 
an alternative method for collecting funds under said act. 

The bill passes its second reading by roll call vote, ayes 42, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Briggs, Bryan, Burney, Currie, Ellis, Evans, Flaherty, 
Folger, Gurganus, Harrington, Henley, James, Johnson, Joyner, Kirby, 
Larkins, MacLean, Maxwell, Moore, Murrow, Nielson, Norton, Patterson, 
Poovey, Rauch, Reed, Robinson, Sapp, Saunders, Staton, S. Warren of 
Sampson, L. Warren of Wayne, West, J. White of Cleveland, V. White of 
Pitt, Wilkie, Wood— 42. 

Committee Substitute for S. B. 30, a bill granting ordinance-making 
authority to counties. 

Upon motion of Senator J. White of Cleveland, consideration of the bill 
is postponed until Wednesday, March 5, 1969. 

Committee Substitute for S. B. 48, a bill to make it a felony for a 
person to remove a child from this State when a court has awarded custody 
to another person. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 



1969] SENATE JOURNAL 131 

S. B. 132, a bill rewriting General Statutes 106-245.16 relating to the 
North Carolina Egg Law. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 133, a bill to amend Article 16 of Chapter 106 relating to bottling 
of soft drinks so as to provide for regulation thereof by the Department of 
Agriculture. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 57, a bill granting ordinance-making authority to counties. 

Senator Bailey offers an amendment which fails of adoption. 

Senator Allsbrook offers an amendment which fails of adoption. 

Senator Henley offers an amendment which fails of adoption. 

The bill passes second reading. 

Upon objection of Senator Bailey to its third reading, the bill remains 
upon the Calendar. 

Senate Committee Substitute for H. B. 97, a bill to amend General 
Statutes 20-179 so as to limit the first and second offenses of driving under 
the influence of intoxicating liquor or narcotic drugs to six months im- 
prisonment. 

Upon motion of Senator Ellis, the Committee Substitute is adopted. 

Upon motion of Senator S. Warren of Sampson, the Senate adjourns to 
meet tomorrow at 12 M. 



FORTY-THIRD DAY 

Senate Chamber, 
Wednesday, March 5, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and is 
found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

Upon motion of Senator Ellis, the President extends the courtesies of 
the galleries to Mr. J. P. Tyndall, Superintendent of Public Schools of 
Onslow County, and to Dr. P. T. Lancaster, Superintendent of Camp 
Lejeune Schools. 

Upon motion of Senator S. Warren of Sampson, the President extends 
the courtesies of the galleries to Mrs. Roy Rowe, wife of the Principal 
Clerk of the Senate, and a group of friends from Pender County. 

The President grants leave of absence to Senator Scott for today, and to 
Senator Currie for tomorrow, March 6, 1969. 



132 SENATE JOURNAL [Session 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly- 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

H. J. R. 256, a joint resolution honoring the life and memory of James 
Vivian Whitfield. 

H. B. 131, an act to amend General Statutes 160-181.9 relating to defini- 
tions of open space areas, and General Statutes 160-181.10 to delete Forsyth 
County. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator J. White of Cleveland, for the Committee on Local Govern- 
ment: 

S. B. 36, a bill to amend General Statutes 153-10.1 to authorize the board 
of county commissioners of Robeson County to regulate garbage disposal, 
with a favorable report. 

S. B. 44, a bill to fix a uniform schedule of fees to be charged by the 
registers of deeds throughout North Carolina, with a favorable report. 

S. B. 117, a bill authorizing Person County to levy special purpose taxes 
for certain purposes, with a favorable report. 

S. B. 118, a bill to provide for filling vacancies on the board of county 
commissioners of Person County, with a favorable report. 

S. B. 169, a bill to extend the corporate limits of the city of Jacksonville 
so as to include the area on which the city's waste stabilization lagoon is 
located, with a favorable report. 

H. B. 161, a bill applicable to Winston-Salem only, amending General 
Statutes 160-175, with a favorable report. 

By Senator S. Warren of Sampson, for the Committee on Banking: 

S. B. 156, a bill to amend Articles 11, 13 and 14 of Chapter 54 of the 
General Statutes relating to the powers, officers and supervision of credit 
unions, with a favorable report. 

H. B. 58, a bill to amend General Statutes 24-10 relating to 7 r /< interest 
on residential loans so as to permit !'/< interest on certain church building 
and improvement loans, with a favorable report. 

H. B. 82, a bill to amend General Statutes 53-91 to authorize loans in 
excess of $2,500 to officers of banks, with a favorable report. 

By Senator Coggins, for the Committee on Libraries: 

S. B. 94, a bill to appropriate additional funds to maintain, improve, 
stimulate, increase and expand local public library facilities and operations 
in the State of North Carolina, with a favorable report. 

Upon motion of Senator Coggins, the bill is re-referred to Committee 
on Appropriations. 

By Senator McGeachy, for the Committee on Rules and Operation of the 
Senate: 



1969] SENATE JOURNAL 133 

S. B. 125, a bill to change the time of meeting of the General Assembly 
after the election of a governor to the second Wednesday in February, 
with a favorable report. 

H. J. R. 213, a joint resolution establishing a cut-off date after which no 
local bills may be introduced in the General Assembly of North Carolina, 
with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senators MacLean, Staton, Robinson, Allen, McGeachy, S. Warren of 
Sampson, James, Johnson, Ellis, Henley and J. White of Cleveland: S. B. 
175, a bill to establish Pembroke College as a regional university with the 
designation of "Pembroke State University." 

Referred to Committee on Higher Education. 

By Senators Penn, Evans, James, McGeachy, Bryan, Bagnal, Allsbrook, 
MacLean, S. Warren of Sampson, Currie, Joyner, Poovey, Griffin, Saunders, 
Bailey, Kirby, V. White of Pitt, Johnson, Larkins, J. White of Cleveland 
and Robinson: S. B. 176, a bill to appropriate funds to facilities of the 
Department of Mental Health for operational expenses and capital im- 
provements for the biennium 1969-1971. 

Referred to Committee on Mental Health. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 109, a bill to incorporate the village of Whispering Pines in Moore 
County. 

Referred to Committee on Local Government. 

H. B. 132, a bill to extend the corporate existence of Confederate Woman's 
Home. 

Referred to Committee on State Government. 

H. B. 169, a bill relating to hunting from public roads in Duplin and 
Pender Counties. 

Referred to Committee on Wildlife. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

H. B. 101, a bill creating the Charlotte-Mecklenburg Charter Commission 
and providing for an election upon the consolidation of the governments of 
the municipalities within, and the county of Mecklenburg. 

Upon motion of Senator Evans, the bill is placed on the Calendar for 
Wednesday, March 12, 1969. 

Committee Substitute for S. B. 71, a bill reducing the term of office of 
the Asheville City Council to two years. 



134 SENATE JOURNAL [Session 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 133, a bill to repeal Chapter 503 of the Session Laws of 1953 
relating to the recorder's court at Mooresville, Iredell County, and to amend 
Chapter 613 Public-Local Laws 1913. 

Passes its second and third readings and is ordered enrolled. 

S. B. 72, a bill amending the North Carolina Seed Law so as to provide 
an alternative method for collecting funds under said act, upon third 
reading. 

The bill passes its third reading by roll call vote, ayes 48, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, 
Edwards, Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, 
Henley, James, Johnson, Joyner, Kirby, Larkins, MacLean, Maxwell, Mc- 
Geachy, Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, 
Robinson, Sapp, Saunders, Staton, S. Warren of Sampson, L. Warren of 
Wayne, West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48. 

The bill is ordered sent to the House of Representatives. 

H. B. 57, a bill granting ordinance-making authority to counties, upon 
third reading. 

Senator Bailey offers an amendment which fails of adoption. 

The bill passes its third reading and is ordered enrolled. 

S. B. 30, a bill granting ordinance-making authority to counties. 

Upon motion of Senator J. White of Cleveland, consideration of the bill 
is postponed indefinitely. 

S. B. 131, a bill to validate the acts of certain notaries where the notary 
seal incorrectly contained the name of another state. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

Senate Committee Substitute for H. B. 97, a bill amending General 
Statutes 20-179 so as to limit the first and second offenses of driving under 
the influence of intoxicating liquor or narcotic drugs to six months im- 
prisonment. 

Senator Wood moves that the bill be re-referred to the Committee on 
Highway Safety. 

The motion fails to prevail. 

The bill passes its second reading. 

Upon objection of Senator Wood to its third reading, the bill remains 
on the Calendar. 

H. B. 84, a bill amending General Statutes 20-11 (b) relating to auto- 
mobile operators learners' permits so as to permit night driving with such 
permit. 

Senator Wilkie offers an amendment which fails of adoption. 

Passes its second and third readings and is ordered enrolled. 



1969] SENATE JOURNAL 135 

H. B. 145, a bill to amend Chapter 93B of the General Statutes to require 
occupational licensing boards to file annual reports with the Attorney 
General's office. 

The bill passes its second reading. 

Upon objection of Senator Penn to its third reading, the bill remains on 
the Calendar. 

H. B. 181, a bill to amend General Statutes 31-1 to authorize any person 
of sound mind, and 18 years of age or over, to make a will. 

Passes its second and third readings and is ordered enrolled. 

Upon motion of Senator Henley, the Senate adjourns to meet tomorrow 
at 12 M. 



FORTY-FOURTH DAY 

Senate Chamber, 
Thursday, March 6, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend J. V. C. Summerell, Pastor of the First 
Presbyterian Church, Fayetteville. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and is 
found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

Upon motion of Senator Kirby, the courtesies of the galleries are ex- 
tended to Mrs. John L. McCain of Wilson, President of the North Carolina 
Medical Society Auxiliary, and to members of the Society throughout the 
State who are visiting the General Assembly today. Included in the group 
of members is Mrs. McCain's mother-in-law, Mrs. P. O. McCain, who is the 
founder of the Medical Society Auxiliary. 

The President extends the courtesies of the galleries to Mrs. Glen 
Persons of Greensboro, the daughter of Senator and Mrs. Edward Griffin. 

The President extends the courtesies of the galleries to Terri Hines and 
other members of Mrs. Wells' Fourth Grade Class of the O. R. Pope School, 
Rocky Mount. 

The President extends the courtesies of the galleries to Mrs. T. R. Bryan 
and Miss Nell Marie Bryan, the wife and daughter of Senator Bryan, and 
to Dr. and Mrs. T. R. Bryan, Jr. of North Wilkesboro, the son and daughter- 
in-law of Senator Bryan, whose daughter Denise is serving as a Senate 
pagette this week. 

The President brings to the attention of the Senate the impressive record 
of Senator Thomas R. Bryan's family in the General Assembly of North 
Carolina. Senator Bryan's great-grandfather, Thomas Bryan, served in 1842 
and 1844; his grandfather, John A. Bryan, served during five terms after 
the Civil War; his father, T. S. Bryan, served in the General Assembly 
Sessions of 1915 and 1935; and Senator Bryan himself served in the 1967 
Session. 



136 SENATE JOURNAL [Session 

In recognition of this long and distinguished record, the President re- 
quests that Senator Bryan preside over the Senate for a portion of today's 
Session. 

The President grants leave of absence to Senators Murrow, Bowles and 
Rauch for tomorrow, March 7, 1969. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

H. B. 57, an act granting ordinance-making authority to counties. 

H. B. 84, an act amending General Statutes 20-ll(b) relating to auto- 
mobile operators learners' permits so as to permit night driving with such 
permit. 

H. B. 133, an act to repeal Chapter 503 of the Session Laws of 1953 re- 
lating to the recorder's court at Mooresville, Iredell County, and to amend 
Chapter 613 Public-Local Laws 1913. 

H. B. 181, an act to amend General Statutes 31-1 to authorize any person 
of sound mind, and eighteen years of age or over, to make a will. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator MacLean, for the Committee on Agriculture: 

S. B. 167, a bill rewriting General Statutes 106-564.3 relating to assess- 
ments on cattle so as to provide for assessments on all cattle sold, with a 
favorable report. 

H. B. 212, a bill to amend Article 16 of Chapter 106 relating to bottling 
of soft drinks so as to provide for regulation thereof by the Department of 
Agriculture, with a favorable report. 

By Senator Ellis, for the Committee on Judiciary No. 1: 

S. B. 113, a bill to recodify and simplify the law concerning discharge of 
record of mortgages, deeds of trust and other instruments intended to 
secure the payment of money or the performance of any other obligation, 
with a favorable report, as amended. 

H. B. 127, a bill to amend General Statutes 160-61.1, relating to the 
authority of municipalities to execute warranty deeds, so as to make it 
applicable to Moore County, with a favorable report. 

By Senator Currie, for the Committee on Alcoholic Beverage Control: 

S. B. 142, a bill to amend Chapter 982 of the Session Laws of 1963; to 
repeal Section 2 of Chapter 1062 of the Session Laws of 1967, and to 
allocate the profits earned by the Hamlet Board of Alcoholic Control, with 
a favorable report. 

S. B. 155, a bill to authorize the qualified voters of the town of Bessemer 
City to determine whether wine and beer may be legally sold and alcoholic 



1969] SENATE JOURNAL 137 

beverage control stores operated in the town of Bessemer City, with a 
favorable report. 

H. B. 146, a bill authorizing the Warren County Alcoholic Beverage 
Control Board to sell wines having alcoholic content of less than fourteen 
percent, with a favorable report. 

By Senator Boger, for the Committee on Judiciary No. 2: 

S. B. 77, a bill to amend the laws relating to mechanics' and material- 
men's liens, with a favorable report, as amended. 

S. B. 129, a bill to amend General Statutes 114-19 relating to taking 
photographs of persons charged with criminal offenses, with a favorable 
report, as amended. 

H. B. 75, a bill to amend General Statutes 20-114.1 making unlawful the 
act of disobeying the directions of an officer directing traffic, with a 
favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator Flaherty: S. B. 177, a bill amending General Statutes 
153-9(35%) and 153-9(35%) relating to the authority of boards of county 
commissioners to expend nontax and tax revenues for soil and water con- 
servation so as to make said statutes applicable to Caldwell County. 

Referred to Committee on Local Government. 

By Senators Wood and Harrington: S. B. 178, a bill enabling each of the 
counties of the State to hold a special election for the purpose of con- 
sidering whether a county shall or shall not impose and levy a sales and 
use tax of one percent (1%) upon certain taxable transactions. 

Referred to Committee on Finance. 

By Senators Bailey and Henley: S. B. 179, a bill to appropriate funds 
to the State Board of Education to provide financial assistance to hospital 
programs of nursing education leading to diplomas in nursing. 

Referred to Committee on Appropriations. 

By Senator Poovey: S. B. 180, a bill to amend Chapter 160 of the General 
Statutes relating to municipal corporations, so as to exclude Catawba 
County from the provisions of Part 2 and Part 3 of the Article providing 
for the extension of corporate limits. 

Referred to Committee on Local Government. 

By Senator MacLean: S. B. 181, a bill to amend General Statutes 130-13, 
so as to increase the membership of the Robeson County Board of Health. 

Referred to Committee on Public Health. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 



138 SENATE JOURNAL [Session 

H. B. 49, a bill to authorize county boards of elections to conduct a new 
registration of voters during the year 1969 pursuant to installing loose-leaf 
registration as required by General Statutes 163-65. 

Referred to Committee on Election Laws. 

H. B. 121, a bill to amend the regulations pertaining to the sale of 
firearms. 

Referred to Committee on Judiciary No. 1. 

H. B. 158, a bill to amend General Statutes 20-116(d) pertaining to the 
size of vehicles and extending the length of certain trucks. 

Referred to Committee on Public Roads. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 117, a bill authorizing Person County to levy special purpose taxes 
for certain purposes, upon second reading. 

The bill passes its second reading by roll call vote, ayes 48, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Dent, Edwards, 
Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, 
James, Johnson, Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy, 
Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson, 
Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of Wayne, 
West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48. 

S. B. 169, a bill to extend the corporate limits of the city of Jacksonville 
so as to include the area on which the city's waste stabilization lagoon is 
located, upon second reading. 

The bill passes its second reading by roll call vote, ayes 48, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Dent, Edwards, 
Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, 
James, Johnson, Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy, 
Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson, 
Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of Wayne, 
West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48. 

S. B. 36, a bill to amend General Statutes 153-10.1 to authorize the board 
of county commissioners of Robeson County to regulate garbage disposal. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 118, a bill to provide for filling vacancies on the board of county 
commissioners of Person County. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 161, a bill applicable to Winston-Salem only, amending General 
Statutes 160-175. 



1969] SENATE JOURNAL 139 

Passes its second and third readings and is ordered enrolled. 

S. B. 44, a bill to fix a uniform schedule of fees to be charged by the 
registers of deeds throughout North Carolina, upon second reading. 

The bill passes its second reading by roll call vote, ayes 48, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Dent, Edwards, 
Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, 
James, Johnson, Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy, 
Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson, 
Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of Wayne, 
West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48. 

Upon motion of Senator Patterson, the bill is placed upon the Calendar 
for Tuesday, March 11, 1969, for its third roll call reading. 

Senate committee substitute for H. B. 97, a bill amending General 
Statutes 20-179 so as to limit the first and second offenses of driving under 
the influence of intoxicating liquor or narcotic drugs to six months im- 
prisonment, upon third reading. 

The bill passes its third reading and is ordered sent to the House of 
Representatives for concurrence in the Senate substitute bill. 

H. B. 145, a bill to amend Chapter 93B of the General Statutes to require 
occupational licensing boards to file annual reports with the Attorney 
General's office, upon third reading. 

The bill passes its third reading and is ordered enrolled. 

S. B. 125, a bill to change the time of meeting of the General Assembly 
after the election of a governor to the second Wednesday in February. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 156, a bill to amend Articles 11, 13 and 14 of Chapter 54 of the 
General Statutes relating to the powers, officers and supervision of credit 
unions. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 58, a bill to amend General Statutes 24-10 relating to seven percent 
interest on residential loans so as to permit seven percent interest on certain 
church building and improvement loans. 

Passes its second and third readings and is ordered enrolled. 

H. B. 82, a bill to amend General Statutes 53-91 to authorize loans in 
excess of $2,500 to officers of banks. 

Passes its second and third readings and is ordered enrolled. 

H. J. R. 213, a joint resolution establishing a cut-off date after which no 
local bills may be introduced in the General Assembly of North Carolina. 

Upon motion of Senator Coggins, consideration of the resolution is 
postponed until Tuesday, March 11, 1969. 

Upon motion of Senator Evans, the Senate adjourns to meet tomorrow 
morning at 10:00 o'clock. 



140 SENATE JOURNAL [Session 

FORTY-FIFTH DAY 

Senate Chamber, 
Friday, March 7, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and is 
found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

The President extends the courtesies of the galleries to Mrs. Rae H. 
Morris of Concord, the mother-in-law of Senator Boger. 

The President extends the courtesies of the galleries to the fourth grade 
of Biscoe Elementary School, Biscoe, and to their teacher, Mrs. Walker, 
and to former Senator J. F. Allen of Montgomery County, who accompanied 
them. 

Upon motion of Senator S. Warren of Sampson, the President extends 
the courtesies of the galleries to thirty-two pupils from the Garland Union 
School, Garland, and to their teachers, Mrs. Marian Lamb and Mrs. Vergie 
Pierce. 



ENROLLED bills 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

H. B. 58, an act to amend General Statutes 24-10 relating to 7% interest 
on residential loans so as to permit 7% interest on certain church building 
and improvement loans. 

H. B. 82, an act to amend General Statutes 53-91 to authorize loans in 
excess of $2500 to officers of banks. 

H. B. 145, an act to amend Chapter 93B of the General Statutes to require 
occupational licensing boards to file annual reports with the Attorney 
General's office. 

H. B. 161, an act applicable to Winston-Salem only, amending General 
Statutes 160-175. 

S. B. 34, an act to amend various sections of the General Statutes to take 
into account the existence of the Court of Appeals. 

S. B. 67, an act to authorize the dedication of streets in partition pro- 
ceedings. 

S. B. 88, an act to authorize the qualified voters of the town of Mount 
Airy to determine whether or not alcoholic beverage control stores shall 
be established in said town and to prescribe the disposition of the net 
profits thereof. 

S. B. 110, an act to authorize the use of school buses as needed for 
instructional programs and to transport pupils with special needs. 



1969] SENATE JOURNAL 141 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator J. White of Cleveland, for the Committee on Local Govern- 
ment: 

S. B. 154, a bill to amend Chapter 21 of the Session Laws of 1961 relating 
to the rules and regulations for municipal elections of the city of Gastonia, 
with a favorable report. 

H. B. 85, a bill to amend the charter of the town of Belhaven, Chapter 
246 of the Private Laws of 1907 to establish the position of town manager, 
with a favorable report. 

H. B. 148, a bill to require the Board of Education of Davie County to 
furnish to the Board of County Commissioners of Davie County a quarterly 
financial report, with an unfavorable report. 

H. B. 150, a bill to increase the compensation of the county commissioners 
of Wilson County, with a favorable report. 

H. B. 177, a bill to amend Chapter 148 of the Session Laws of 1963 and 
Chapter 152 of the Session Laws of 1967 relating to the charter of the 
town of Nags Head and to amend said charter relating to the election of 
the members of the governing body of said town, with a favorable report. 

H. B. 180, a bill amending the charter of the city of Winston-Salem, with 
a favorable report. 

H. B. 192, a bill amending General Statutes 153-9(35%) and 153-9(35%) 
relating to the authority of boards of county commissioners to expend 
nontax and tax revenues for soil and water conservation so as to make 
said Statutes applicable to New Hanover County, with a favorable report. 

H. B. 194, a bill to amend Chapter 713 of the Session Laws of 1965, 
being the charter of the city of Charlotte in Mecklenburg County, with a 
favorable report. 

H. B. 196, a bill to amend General Statutes 105-345, fixing discounts for 
prepayment of taxes in Wilkes County, with a favorable report. 

By Senator Edwards, for the Committee on Insurance: 

S. B. 26, a bill to establish the North Carolina Underwriting Association 
so as to provide a method whereby adequate fire and extended coverage 
insurance may be obtained in the beach and coastal areas of North Carolina, 
with an unfavorable report as to bill, favorable as to committee substitute 
bill. 

Upon motion of Senator Edwards, the substitute bill is placed on today's 
Calendar. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator Staton: S. B. 182, a bill to validate the publication of notice 
of a special bond election to be held in the city of Sanford even though 
the dates between the first and last publication of such notice is less than 
thirty days. 



142 SENATE JOURNAL [Session 

Referred to Committee on Election Laws. 

By Senator Joyner: S. B. 183, a bill to amend Sections 105-306(26); 
105-308; 105-309 and 105-310 of the General Statutes of North Carolina in 
order to authorize the board of county commissioners of Iredell County 
to prescribe regulations relating to the listing of property for taxation in 
Iredell County, and to authorize the division, or combining of townships 
for tax listing purposes. 

Referred to Committee on Local Government. 

By Senator Burney: S. B. 184, a bill to amend Article 21, Chapter 143 
of the General Statutes to clarify the authority of local air pollution 
control programs. 

Referred to Committee on Conservation and Development. 

By Senator James: S. B. 185, a bill to accord certain school credits to 
graduates of hospital schools of nursing. 

Referred to Committee on Education. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time, and 
disposed of, as follows: 

H. B. 110, a bill to amend General Statutes 20-9 to require an applicant 
for a North Carolina driver's license to surrender any out-of-state licenses 
previously issued to him. 

Referred to Committee on Highway Safety. 

H. B. 219, a bill to amend Chapter 48, Session Laws of 1963, as amended, 
relating to alcoholic beverage control stores in the town of Roseboro. 

Referred to Committee on Alcoholic Beverage Control. 

H. B. 226, a bill to provide an election or referendum for certain areas 
in Rockingham County on the question of whether or not they shall be 
annexed to the Madison-Mayodan City administrative unit. 

Referred to Committee on Education. 

H. B. 248, a bill relating to the terms of office of members of the school 
board of the Reidsville Graded School District in Rockingham County. 

Referred to Committee on Education. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 117, a bill authorizing Person County to levy special purpose taxes 
for certain purposes, upon third reading. 

The bill passes its third reading by roll call vote, ayes 44, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Briggs, Bryan, Burney, Coggins, Currie, Dent, Edwards, 
Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Henley, James, Johnson, 
Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy, Nielson, Norton, 



1969] SENATE JOURNAL 143 

Patterson, Penn, Poovey, Reed, Robinson, Sapp, Saunders, Staton, S. 
Warren of Sampson, L. Warren of Wayne, West, J. White of Cleveland, 
V. White of Pitt, Wilkie, Wood— 44. 

The bill is ordered sent to the House of Representatives. 

S. B. 169, a bill to extend the corporate limits of the city of Jacksonville 
so as to include the area on which the city's waste stabilization lagoon is 
located, upon third reading. 

The bill passes its third reading by roll call vote, ayes 44, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Briggs, Bryan, Burney, Coggins, Currie, Dent, Edwards, 
Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Henley, James, Johnson, 
Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy, Nielson, Norton, 
Patterson, Penn, Poovey, Reed, Robinson, Sapp, Saunders, Staton, S. 
Warren of Sampson, L. Warren of Wayne, West, J. White of Cleveland, 
V. White of Pitt, Wilkie, Wood— 44. 

The bill is ordered sent to the House of Representatives. 

S. B. 142, a bill to amend Chapter 982 of the Session Laws of 1963; to 
repeal Section 2 of Chapter 1062 of the Session Laws of 1967, and to 
allocate the profits earned by the Hamlet Board of Alcoholic Control. 

Passes its second and third readings and is ordered sent to the House 
of Representatives. 

S. B. 155, a bill to authorize the qualified voters of the town of Bessemer 
City to determine whether wine and beer may be legally sold and alcoholic 
beverage control stores operated in the town of Bessemer City. 

Passes its second and third readings and is ordered sent to the House 
of Representatives. 

H. B. 127, a bill to amend General Statutes 160-61.1 relating to the 
authority of municipalities to execute warranty deeds, so as to make it 
applicable to Moore County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 146, a bill authorizing the Warren County ABC Board to sell wine 
having alcoholic content of less than 14 r /( ■ 

Upon motion of Senator Allsbrook, consideration of the bill is postponed 
until Tuesday, March 11, 1969. 

S. B. 77, a bill to amend the Laws relating to mechanics' and material- 
men's liens. 

Upon motion of Senator Burney the Committee amendment is adopted. 

Upon motion of Senator Burney, consideration of the bill is postponed 
until Wednesday, March 12, 1969. 

S. B. 113, a bill to recodify and simplify the law concerning discharge of 
record of mortgages, deeds of trust and other instruments intended to 
secure the payment of money or the performance of any other obligation. 

Upon motion of Senator Ellis the Committee amendment is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 



144 SENATE JOURNAL [Session 

S. B. 129, a bill to amend General Statutes 114-19 relating to taking 
photographs of persons charged with criminal offenses. 

Upon motion of Senator Boger the Committee amendment is adopted. 

The bill, as amended, passes its second reading. 

Upon objection of Senator Allsbrook to its third reading, the bill remains 
on the Calendar. 

S. B. 167, a bill rewriting General Statutes 106-564.3 relating to assess- 
ments on cattle so as to provide for assessments on all cattle sold. 

Upon motion of Senator Boger consideration of the bill is postponed 
until Tuesday, March 11, 1969. 

H. B. 75, a bill to amend General Statutes 20-114.1 making unlawful the 
act of disobeying the directions of an officer directing traffic. 

Upon motion of Senator Gurganus consideration of the bill is postponed 
until Monday, March 10, 1969. 

H. B. 212, a bill to amend Article 16 of Chapter 106 relating to bottling 
of soft drinks so as to provide for regulation thereof by the Department of 
Agriculture. 

Passes its second and third readings and is ordered enrolled. 

Committee Substitute for S. B. 26, a bill to establish the North Carolina 
Underwriting Association so as to provide a method whereby adequate fire 
and extended coverage insurance may be obtained in the beach area of 
North Carolina. 

Upon motion of Senator Edwards, the Committee Substitute Bill is 
adopted. 

Upon motion of Senator Johnson, the Senate adjourns to meet tomorrow 
morning at 9:30 o'clock, at which time only Public Local bills will be con- 
sidered, and adjournment will be until Monday evening at 8 o'clock. 



FORTY-SIXTH DAY 

Senate Chamber, 
Saturday, March 8, 1969. 

The Senate meets pursuant to adjournment, and in the absence of 
Lieutenant Governor H. Patrick Taylor, Jr. and President Pro Tempore N. 
Hector McGeachy, Jr., the Principal Clerk, Roy Rowe, calls Senator Bailey 
to the Chair, who calls the Senate to order and presides during the Session. 

Prayer is offered by Mrs. Grace Ball of Raleigh. 

Senator Coggins for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

Upon motion of Senator Coggins, the Senate adjourns to meet on Monday 
evening at 8:00 o'clock. 



1969] SENATE JOURNAL 145 

FORTY-SEVENTH DAY 

Senate Chamber, 
Monday, March 10, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the 
Senate. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of Saturday has been examined and 
is found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

Upon motion of Senators Bailey and Coggins, the courtesies of the 
galleries are extended to Boy Scout Troop 214 of Benson Memorial 
Methodist Church, Raleigh, and to their leaders, Mr. Fred Greger, Mr. Coy 
Brown and Dr. Frank Day. 

Upon motion of Senators Bailey and Coggins, the courtesies of the 
galleries are extended to Girl Scout Troop 541 of St. Andrews Methodist 
Church, Raleigh, and to their leaders, Mrs. Andrew Webber, Mrs. Peggy 
Bryan and Mrs. Mary Lee Wiseley. 

Upon motion of Senator Larkins, the courtesies of the galleries are 
extended to Mrs. Sankey W. Robinson, wife of the Senator from Columbus 
County. 

Upon motion of Senator Scott, the courtesies of the galleries are extended 
to Mr. Tom Truitt, president of the Burlington Chapter of the North Caro- 
lina Education Association, and to a delegation of Burlington teachers. 

Upon motion of Senator Kirby, the courtesies of the galleries are ex- 
tended to the Political Philosophy Club of Southern Nash High School in 
Nash County, and to their advisors, Mr. B. B. Booth and Mrs. Pearl Finch. 

The President extends the courtesies of the galleries to Mr. Ben H. 
White of Washington, D. C, and to Mr. Bill White of Raleigh, the brother 
and nephew of Senator V. White of Pitt County. 

The President extends the courtesies of the galleries to Mrs. Willis Liles 
and to Mr. and Mrs. Paul B. Griffin, the sister, brother and sister-in-law 
of Senator Griffin of Franklin County. 

The President grants leave of absence to Senator Bagnal for tonight 
and tomorrow. 

Upon motion of Senator Moore, H. B. 101, a bill creating the Charlotte- 
Mecklenburg Charter Commission and providing for an election upon the 
consolidation of the governments of the municipalities within, and the 
county of, Mecklenburg, is placed upon tonight's Calendar. 

The President recognizes Senator L. Warren of Wayne to read from 
the well of the Senate a statement by individual members of the Law 
School faculty and the Institute of Government of the University of North 
Carolina at Chapel Hill on the present crisis at the University. 

Upon motion of Senator Ellis, the statement read by Senator L. Warren 
of Wayne is spread upon the Journal as follows: 



146 SENATE JOURNAL [Session 

This University has a long and honorable history of resisting efforts to 
curtail freedom of expression. We associate ourselves unreservedly with 
that tradition. 

Adherence to that tradition does not require defense — or even con- 
donation — of methods of expression which trespass upon the rights of 
others and disrupt the life of the University. Indeed, nothing so effectually 
sabotages any meaningful search for truth as the tactical resort to violence 
or threats of violence by a militant minority which insists that it alone can 
identify truth and that whatever is identified by it as truth, must be 
universally accepted. This is the totalitarian — not the democratic — approach 
to freedom of expression. 

The mission of the University would be equally subverted if its teachers, 
who have voluntarily entered into lawful contracts, deliberately pervert or 
refuse to carry out their assignments, justifying such conduct by citing 
their disagreement with their characterization of University policies. Such 
conduct is not a legitimate assertion of the right to criticize. It is a breach 
of faith and a clear neglect of duty. Such conduct, legally and morally 
unjustifiable, is peculiarly reprehensible when engaged in by those who 
profess high moral motives. 

In the present University crisis, to the extent that a labor dispute is 
involved, we believe that the University is moving, with good will and in 
good faith, to reach just solutions. We strongly endorse that effort and 
urge that it continue with maximum possible speed. We believe that the 
labor dispute can be settled more quickly and more justly if those groups 
whose conduct led to the presence of highway patrolmen publicly renounce 
any intention to renew such conduct. We have a poor case for withdrawal 
of the patrol until we can point to such solid evidence that peace will 
prevail in its absence. 

Unfortunately, there is evidence that small minorities of students and 
teachers, urged on and supported by individuals from outside the University 
community, are determined, by violence, threats of violence, disruption and 
neglect of duty, to force adoption of their views as to matters irrelevant 
to the present labor dispute. We condemn any such effort. While there is 
small chance that, by such tactics, they can win control of University 
policies, there is real danger that they will goad the people of the State 
into destroying freedom of expression for us all. 

We support the Chancellor and the President in their efforts to maintain 
order, to do justice, and to preserve for us and for posterity a University 
in which truth wins its way by its intellectual merits. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

H. B. 127, an act to amend General Statutes 160-60.1, relating to the 
authority of municipalities to execute warranty deeds, so as to make it 
applicable to Moore County. 



1969] SENATE JOURNAL 147 

H. B. 212, an act to amend Article 16 of Chapter 106 relating- to bottling 
of soft drinks so as to provide for regulation thereof by the Department 
of Agriculture. 

H. B. 97, an act amending General Statutes 20-179 so as to limit the 
first and second offenses of driving under the influence of intoxicating 
liquor or narcotic drugs to six months imprisonment. 

S. B. 35, an act to amend General Statutes 113-120.3 to increase penalty 
for mutilation, destruction of posted signs. 

S. B. 58, an act to give the members of the police departments of all 
cities, towns and municipalities in Richmond County the authority to make 
arrests and serve criminal process in the territories outside the corporate 
limits for a distance of two and one-half miles. 

S. B. 87, an act to amend General Statutes 160-181.2 so as to include the 
city of Hamlet in the extraterritorial jurisdiction for zoning provisions. 

S. B. 102, an act fixing the salaries of the county commissioners of Pitt 
County at one hundred fifty dollars ($150.00) per month. 

S. B. 123, an act placing Caswell County under the general laws relating 
to county fiscal control. 

S. B. 124, an act relating to the compensation of the members of the 
board of county commissioners of Caswell County. 

S. B. 136, an act to rewrite Article 46 of Chapter 143 of the General 
Statutes, relating to the Governor's Committee on Law and Order. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator Scott: S. B. 186, a bill to amend Chapters 18 and 105 of the 
General Statutes to provide additional revenue and revenue sources for 
the General Fund of the State and to redefine the definition of "Head of 
Household" for income tax purposes. 

Referred to Committee on Finance. 

By Senator Scott: S. B. 187, a bill to amend Chapters 20 and 105 of the 
General Statutes to provide additional revenue for the Highway Fund of 
the State. 

Referred to Committee on Finance. 

By Senator Gurganus: S. B. 188, a bill appropriating funds to the 
Roanoke Island Historical Association to pay off indebtedness for capital 
improvements. 

Referred to Committee on Appropriations. 

By Senators Wood and Harrington: S. B. 189, a bill to amend General 
Statutes 105-449 to provide an exemption from the state gasoline tax of 
gasoline used in non-profit, non-public school transportation. 

Referred to Committee on Public Roads. 

By Senator Boger: S. B. 190, a bill to amend Chapter 716, Session Laws 
of 1947, relating to the nomination and election of the members of the 
Concord City Board of Education. 

Referred to Committee on Local Government. 



148 SENATE JOURNAL [Session 

By Senator McGeachy: S. B. 191, a bill enabling municipalities to finance 
redevelopment programs on an annual basis. 
Referred to Committee on Local Government. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time, and 
disposed of, as follows: 

H. B. 241, a bill to require skin divers to display a warning flag as ap- 
proved by the Underwater Society of America. 

Referred to Committee on Conservation and Development. 

H. B. 242, a bill to exempt boats operated on private ponds from motor- 
boat law. 

Referred to Committee on Wildlife. 

H. B. 179, a bill to amend Sections 105-306(26); 105-308; 105-309 and 
105-310 of the General Statutes of North Carolina in order to authorize 
the boards of county commissioners of Jackson, Transylvania, and Swain 
Counties to prescribe regulations relating to the listing of property for 
taxation in those counties. 

Referred to Committee on Local Government. 

H. B. 201, a bill to amend Chapter 598 of the Session Laws of 1967 
authorizing use of non-tax revenues for recreational purposes in Mecklen- 
burg County. 

Referred to Committee on Local Government. 

H. B. 217, a bill authorizing the Pamlico County Board of Education to 
convey to Hobucken Community Development, Inc. a portion of the 
Hobucken School site on which the Hobucken School teacherage building is 
located for use as a community center. 

Referred to Committee on Local Government. 

H. B. 222, a bill to amend Chapter 402 of the Session Laws of 1947 
relating to the establishment of Winston-Salem's Firemen's Retirement 
Fund Association. 

Referred to Committee on Local Government. 

H. B. 244, a bill to establish a supplementary pension fund for firemen 
in the town of North Wilkesboro. 

Referred to Committee on Personnel and Employment Programs. 

H. B. 249, a bill to make applicable to the town of Glen Alpine the pro- 
visions of General Statutes 105-422 relating to the limitation of actions on 
tax liens. 

Referred to Committee on Local Government. 

H. B. 263, a bill to prohibit the taking of wildlife at night with the aid 
of an artificial light from or through the use of any conveyance. 

Referred to Committee on Wildlife. 

H. B. 253, a bill to amend the charter of the town of Edenton, Chapter 
1013 of the Session Laws of North Carolina, 1961, to eliminate the re- 
quirement for a separate polling place in each of the several wards at 
municipal elections. 



1969] SENATE JOURNAL 149 

Referred to Committee on Election Laws. 

H. B. 254, a bill to close temporarily the bear season in a portion of 
Gates County. 

Referred to Committee on Wildlife. 

H. B. 155, a bill to amend the General Statutes with regard to physicians 
qualified to treat workmen's compensation claimants in North Carolina. 

Referred to Committee on Manufacturing, Labor and Commerce. 

H. B. 246, a bill to amend Chapter 119 of the Private Laws of 1913 by 
increasing the number of town commissioners in Norlina from three to five. 

Referred to Committee on Local Government. 

H. B. 232, a bill to provide a supplemental retirement fund for firemen 
in the city of Wilson and to modify the application of General Statutes 
118-5, General Statutes 118-6, and General Statutes 118-7 to the city of 
Wilson. 

Referred to Committee on Personnel and Employment Programs. 

H. B. 240, a bill to regulate the use of firearms in field trials and in 
training dogs. 

Referred to Committee on Wildlife. 

H. B. 255, a bill to create the office of Director of Finance in Cleveland 
County. 

Referred to Committee on Local Government. 

House of Representatives, 
Monday, March 10, 1969. 

Mr. President: 

It is ordered that a message be sent your Honorable Body requesting the 
return of House Bill 248, "a bill to be entitled an act relating to the terms 
of office of members of the School Board of the Reidsville Graded School 
District in Rockingham County," for further consideration. 

Respectfully, 

Jo Ann Smith, Principal Clerk 

Upon motion of Senator Penn, the bill is ordered returned to the House 
of Representatives. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 154, a bill to amend Chapter 21 of the Session Laws of 1961 relating 
to the rules and regulations for municipal elections of the city of Gastonia. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 85, a bill to amend the charter of the town of Belhaven, Chapter 246 
of the Private Laws of 1907 to establish the position of town manager. 

Passes its second and third readings and is ordered enrolled. 

H. B. 150, a bill to increase the compensation of the county commissioners 
of Wilson County. 



150 SENATE JOURNAL [Session 

Passes its second and third reading's and is ordered enrolled. 

H. B. 177, a bill to amend Chapter 148 of the Session Laws of 1963 and 
Chapter 152 of the Session Laws of 1967 relating to the charter of the 
town of Nags Head and to amend said charter relating to the election of 
the members of the governing body of said town. 

Passes its second and third readings and is ordered enrolled. 

H. B. 180, a bill amending the charter of the city of Winston-Salem. 

Passes its second and third readings and is ordered enrolled. 

H. B. 194, a bill to amend Chapter 713 of the Session Laws of 1965, being 
the charter of the city of Charlotte in Mecklenburg County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 196, a bill to amend General Statutes 105-345, fixing discounts 
for prepayment of taxes in Wilkes County. 

Passes its second and third readings and is ordered enrolled. 

S. B. 129, a bill to amend General Statutes 114-19 relating to taking 
photographs of persons charged with criminal offenses, upon third reading. 

The bill, as amended, passes its third reading and is ordered engrossed 
and sent to the House of Representatives. 

Committee Substitute for S. B. 26, a bill to establish the North Carolina 
Underwriting Association so as to provide a method whereby adequate fire 
and extended coverage insurance may be obtained in the beach area of 
North Carolina. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 75, a bill to amend General Statutes 20-114.1 making unlawful the 
act of disobeying the directions of an officer directing traffic. 

Passes its second and third readings and is ordered enrolled. 

H. B. 192, a bill amending General Statutes 153-9 ( 35 v 2 ) and 153-9(35%) 
relating to the authority of boards of county commissioners to expend 
nontax and tax revenues for soil and water conservation so as to make 
said statutes applicable to New Hanover County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 101, a bill creating the Charlotte-Mecklenburg Charter Commission 
and providing for an election upon the consolidation of the governments 
of the municipalities within, and the county of, Mecklenburg, upon second 
reading. 

The bill passes its second reading by roll call vote, ayes 48, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bailey, 
Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, Edwards, 
Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, 
James, Johnson, Joyner, Kirby, Larkins, Maxwell, McGeachy, Moore, 
Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson, 
Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of 
Wayne, West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48. 

Upon motion of Senator Murrow, the Senate adjourns to meet tomorrow 
at 12 M. 



1969] SENATE JOURNAL 151 

FORTY-EIGHTH DAY 

Senate Chamber, 
Tuesday, March 11, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and is 
found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

The President extends the courtesies of the galleries to Mrs. James T. 
Beatty, wife of Representative Beatty, and twenty members of the Charlotte 
Junior Woman's Club. 

Upon motion of Senator Scott, the President extends the courtesies of 
the galleries to one hundred three seventh grade pupils from the Altamahaw 
Ossipee School, Ossipee, and to their teacher, Mrs. Garrison. 

The President recognizes Senator Nielson to escort Miss Gail Puzak to 
the well of the Senate for the purpose of inviting the membership to 
"Shenanigans 1969", a gala sponsored by Sigma Delta Chi, national 
journalistics fraternity, in Greensboro on Friday, March 14, 1969. 

Upon motion of Senator Moore, H. B. 241, a bill to require skin divers 
to display a warning flag as approved by the Underwater Society of 
America, is taken from the Committee on Conservation and Development 
and re-referred to the Committee on Wildlife. 



enrolled bills 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

H. B. 180, an act amending the charter of the city of Winston-Salem. 

H. B. 192, an act amending General Statutes 153-9 (35 V 2 ) and 153-9(35%) 
relating to the authority of boards of county commissioners to expend 
nontax and tax revenues for soil and water conservation so as to make 
said Statutes applicable to New Hanover County. 

H. B. 194, an act to amend Chapter 713 of the Session Laws of 1965, 
being the charter of the city of Charlotte in Mecklenburg County. 

H. B. 196, an act to amend General Statutes 105-345, fixing discounts for 
prepayment of taxes in Wilkes County. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Ellis, for the Committee on Judiciary No. 1: 

S. B. 120, a bill to amend the Federal Tax Lien Registration Act to 
comply with the Federal Tax Lien Act of 1966, with a favorable report. 



152 SENATE JOURNAL [Session 

S. B. 143, a bill to amend General Statutes 84-33 relating to the annual 
and special meetings of the North Carolina State Bar, with a favorable 
report, as amended. 

H. B. 121, a bill to amend the regulations pertaining to the sale of fire- 
arms, with a favorable report, as amended. 

By Senator Penn, for the Committee on Mental Health: 

S. B. 176, a bill to appropriate funds to facilities of the Department of 
Mental Health for Operational expenses and capital improvements for the 
biennium 1969-1971, with a favorable report. 

Upon motion of Senator Penn, the bill is re-referred to the Committee on 
Appropriations. 

By Senator Staton, for the Committee on Manufacturing, Labor and 
Commerce: 

S. B. 173, a bill to amend the Workmen's Compensation Act, regarding 
benefits, with a favorable report. 

H. B. 31, a bill relating to the receipt of unordered merchandise so as 
to provide that the recipient thereof is not liable for the payment thereof, 
with a favorable report. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator Wood: S. B. 192, a bill to amend General Statutes 20-289 (a) 
to increase those license fees which are placed in the Dealers'-Manufac- 
turers' License Fund. 

Referred to Committee on Highway Safety. 

By Senator Wood: S. B. 193, a bill to amend General Statutes 20-28 to 
provide for the seizure of a motor vehicle being operated by a person 
whose license is in a state of suspension or revocation. 

Referred to Committee on Highway Safety. 

By Senator Wood: S. B. 194, a bill to amend General Statutes 20-13(e) 
and General Statutes 20-24(c) concerning the definition of conviction. 

Referred to Committee on Highway Safety. 

By Senators Henley, Ellis and Evans: S. J. R. 195, a joint resolution 
urging the Appropriations Committees to fully review and act favorably 
upon the "B" budget requests of the University of North Carolina School 
of Medicine for the means to develop and expand programs relating to 
community medical care, special education for North Carolina students, 
and family physician education. 

Referred to Committee on Public Health. 

By Senators Henley, Ellis, Evans, James and Scott: S. B. 196, a bill to 
appropriate certain funds to the University of North Carolina at Chapel 
Hill School of Medicine to provide special teacher program for medical 
students, to improve community medical care, and to improve education of 
personal and family physicians. 

Referred to Committee on Public Health. 



1969] SENATE JOURNAL 153 

By Senators Henley, Ellis, Evans and James: S. B. 197, a bill to ap- 
propriate $127,554.00 to the University of North Carolina to establish a 
Professor of Family Medicine at the School of Medicine. 

Referred to Committee on Public Health. 

By Senators Henley, Ellis, and James: S. J. R. 198, a joint resolution 
urging the vocation guidance, recruitment and encouragement of students 
to enter premedical and medical education. 

Referred to Committee on Public Health. 

By Senators Henley, Ellis and James: S. J. R. 199, a joint resolution 
urging the three medical schools in the State to increase their output of 
physicians. 

Referred to Committee on Public Health. 

By Senators Henley, Ellis and James: S. J. R. 200, a joint resolution 
urging the strengthening of science and other facets of premedical educa- 
tion. 

Referred to Committee on Public Health. 

By Senators Henley, Ellis and James: S. J. R. 201, a joint resolution 
authorizing and directing the Legislative Research Commission to study 
North Carolina's health manpower needs, measures to increase the supply, 
and means to accomplish indicated changes in the health care system. 

Referred to Committee on Public Health. 

By Senators V. White of Pitt, Allsbrook, Robinson, Johnson, James and 
Larkins: S. B. 202, a bill rewriting General Statutes 116-44. 10(b) relating 
to the purposes of regional universities. 

Referred to Committee on Higher Education. 

By Senators J. White of Cleveland and Staton: S. B. 203, a bill to define, 
regulate and license auctioneers of the State of North Carolina. 

Referred to Committee on Manufacturing, Labor and Commerce. 

By Senator Moore: S. B. 204, a bill to prohibit the taking of wildlife at 
night with the aid of an artificial light from or through the use of any 
conveyance. 

Referred to Committee on Wildlife. 

By Senators Henley, Ellis and Scott: S. B. 205, a bill to appropriate 
certain funds to the University of North Carolina at Chapel Hill to provide 
for certain capital improvements for the University Medical School. 

Referred to Committee on Public Health. 

By Senators Robinson and Burney: S. B. 206, a bill to revise and clarify 
the law relating to riots and civil disorders. 

Referred to Committee on Correctional Institutions and Law Enforce- 
ment. 

By Senators Bailey and Coggins: S. J. R. 207, a joint resolution estab- 
lishing a Wake County Bicentennial Commission. 

Referred to Committee on Local Government. 

By Senators Burney, S. Warren of Sampson, Dent, Briggs, Norton, Ellis 
and Robinson: S. B. 208, a bill to make Wilmington College and Asheville- 
Biltmore College campuses of the University of North Carolina under the 



154 SENATE JOURNAL [Session 

designations of "The University of North Carolina at Wilmington," and 
"The University of North Carolina at Asheville." 

Referred to Committee on Higher Education. 

By Senator Ellis: S. B. 209, a bill to amend General Statutes 153-5 to 
provide for staggered terms of office for the county commissioners of 
Onslow County. 

Referred to Committee on Local Government. 

By Senators L. Warren of Wayne and Scott: S. B. 210, a bill to amend 
General Statutes 147-69.1 relating to the investment of surplus funds of 
the State. 

Referred to Committee on Banking. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time, and 
disposed of, as follows: 

H. B. 271, a bill to amend Article 50, Chapter 106 of the General Statutes 
so as to provide for ballots by mail in referendums among producers of 
agricultural products on the question of self-assessment programs. 

Referred to Committee on Agriculture. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

H. B. 101, a bill creating the Charlotte-Mecklenburg Charter Commission 
and providing for an election upon the consolidation of the governments of 
the municipalities within, and the county of, Mecklenburg, upon third 
reading. 

The bill passes its third reading by roll call vote, ayes 48, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bailey, 
Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, Edwards, 
Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, 
James, Johnson, Joyner, Kirby, Larkins, Maxwell, McGeachy, Moore, 
Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson, 
Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of Wayne, 
West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48. 

The bill is ordered enrolled. 

H. B. 146, a bill authorizing the Warren County ABC Board to sell wines 
having alcoholic content of less than 14 <"/<-. 

Passes its second and third readings and is ordered enrolled. 

S. B. 44, a bill to fix a uniform schedule of fees to be charged by the 
Registers of Deeds throughout North Carolina, upon third reading. 

The bill passes its third reading by roll call vote, ayes 48, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bailey, 
Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, Edwards, 



1969] SENATE JOURNAL 155 

Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, 
James, Johnson, Joyner, Kirby, Larkins, Maxwell, McGeachy, Moore, 
Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson, 
Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of Wayne, 
West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48. 

The bill is ordered sent to the House of Representatives. 

S. B. 167, a bill rewriting General Statutes 106-564.3 relating to assess- 
ments on cattle so as to provide for assessments on all cattle sold. 

Upon motion of Senator Allsbrook, consideration of the bill is postponed 
until Wednesday, March 12, 1969. 

H. J. R. 213, a joint resolution establishing a cut-off date after which no 
local bills may be introduced in the General Assembly of North Carolina. 

Senator L. Warren of Wayne offers an amendment which is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
sent to the House of Representatives for concurrence in the Senate amend- 
ment. 

Upon motion of Senator Evans, the Senate adjourns to meet tomorrow 
at 12 M. 



FORTY-NINTH DAY 

Senate Chamber, 
Wednesday, March 12, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Charles Hubbard, Pastor of the First 
Methodist Church of Wilson. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and is 
found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

The President extends the courtesies of the galleries to members of the 
Columbus County Committee of One Hundred, a group of outstanding 
businessmen and civic leaders of the county, including Julius K. Powell, 
former Senator and Chairman of the Committee of One Hundred; Horace 
Whitley, Mayor of Whiteville; William S. Edmunds, Mayor of Lake 
Waccamaw; H. J. Watts, Chairman, Columbus County Board of Commis- 
sioners; Ed Walton Williamson, a member of the Columbus County Board 
of Commissioners; Colonel Rudolph W. Walters, Executive Secretary, 
Economic Development Commission of Columbus County; Phil Comer, 
President of Southeastern Community College; D. L. Todd, Past President 
of the North Carolina Merchants Association; Steve Wall, Editor of News 
Reporter; Charles Langston, President of the Whiteville Merchants 
Association; and former Senator Carl Meares, who now serves as a member 
of the State Highway Commission. 

The President extends the courtesies of the galleries to Mrs. John D. 
Larkins, wife of the United States District Judge for the Eastern District 



156 SENATE JOURNAL [Session 

of North Carolina and the aunt of Senator Larkins, together with her 
daughter, Mrs. Dalton Lofton, and two grandchildren. 

The President extends the courtesies of the galleries to former Senator 
Jimmy Johnson of Charlotte, who is now State Chairman of the Demo- 
cratic Party. 

Upon motion of Senator Griffin, the President extends the courtesies of 
the galleries to Mr. Dale Starbuck, Sr. and to his son, Mr. Dale Starbuck, 
Jr., of Raleigh. Mr. Starbuck, Sr. is a retired businessman who served as a 
page in the 1895 Session of the Senate in which his grandfather was 
a member. Since Mr. Starbuck still remembers the names of all those 
members who served in the Senate in 1895, the President appoints Senator 
Griffin to escort Mr. Starbuck to the well of the Senate, where he calls 
the roll of the Session which met seventy-four years ago. 

The President recognizes Senator McGeachy, who addresses the members 
of the Senate on the subject of the Governor's action regarding the 
current unrest on State-supported campuses. 

Upon motion of Senator Boger, the remarks of Senator McGeachy are 
spread upon the Journal as follows: 

Mr. President and Members of the Senate : 

Today, the General Assembly salutes Governor Bob Scott for his firm 
and courageous leadership in the action involving recent disorders on State- 
supported campuses. 

Governor Scott has clearly set forth the procedure that will be followed 
in disturbances and the seizure of buildings. This action, in advance of 
trouble, removes all uncertainty as to the methods that should be followed. 
Now, the heads of these institutions know they have behind them the 
complete support and strength of the Governor's office and all law enforce- 
ment agencies. 

Governor Scott has recognized and lived up to the State's responsibility 
to the hard-pressed taxpayers who are furnishing the money for these 
State institutions. 

More than $917,000,000.00, or 64.8%, of our State money was spent for 
education in the last two years, and of this amount almost $151,000,000.00 
went to support higher education. 

He has taken action to see that this money is not wasted through 
damaged property and disrupted classes. 

Governor Scott has also recognized and met his responsibility to the 
students and educators of North Carolina. He is for freedom of ex- 
pression and has said that North Carolina recognizes, and our law will 
protect, peaceful picketing and demonstrating to express a point of view. 
However, this must not interfere with, or stop, the necessary activities at 
our educational institutions. 

We must maintain order so that through free and orderly communication 
and expression the ideas and constructive criticism of students and faculty 
can be received and the proper action taken. 

This is not possible under the black flag of anarchy or the white flag of 
abject surrender to a small group resorting to violence, threats of violence, 



1969] SENATE JOURNAL 157 

and disorder and destruction. They are using the totalitarian, not the 
democratic, approach. 

Academic freedom, not race or other issues, is involved. Academic free- 
dom can only exist in an atmosphere of law and order. 

Governor Scott has made it clear that everyone of the State campuses 
are subject to the laws of North Carolina, and that the law will be enforced. 

The Governor's leadership has already received response in the acts of 
leadership exercised by President Friday, Chancellor Caldwell, and the 
other three chancellors. 

The students and faculty now have a clear challenge and call to leader- 
ship. Are only a small group of students and faculty causing the destruction 
and disorder? 

Will the great majority of students and faculty have the courage and 
leadership to show their disapproval of this disruption, and their desire 
and demand for an orderly system ? 

Can those in the educational community disagree and communicate 
without having to resort to brute force ? Have they in their education 
learned the truth about Reason, Restraint and Responsibility? 

I hope and believe that the great majority of students and faculty in 
North Carolina join the members of the University of North Carolina Law 
School and the Institute of Government faculty in condemning these 
violent and unlawful acts of disruption by a small group. It is time that 
they speak with a strong clear voice. 

More than 10,000 have signed a petition at Michigan State University 
to show that the majority of the students and faculty are against disruptive 
behavior. 

At Notre Dame University, 75<# of the students favor their President's 
firm policy for the dismissal of troublemakers, according to a recent survey. 

Commenting on the Supreme Court's recent decision in an Iowa school 
case, The New York Times stated in an editorial, "The majority of the 
Justices felt — we think rightly — that a line could and should be drawn 
between free expression and disorderly excess . . . There is no license 
given here to riot, to interfere with classroom work." 

I am certain the people of North Carolina are proud of the vision — the 
courage — the leadership — and the action of Governor Bob Scott. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

S. B. 90, an act to amend Chaper 989, Session Laws of 1967, to clarify 
election procedures in annexed areas. 

H. B. 75, an act to amend General Statutes 20-114.1 making unlawful 
the act of disobeying the directions of an officer directing traffic. 

H. B. 85, an act to amend the charter of the town of Belhaven, Chapter 
246 of the Private Laws of 1907, to establish the position of town manager. 

H. B. 150, an act to increase the compensation of the county commis- 
sioners of Wilson County. 



158 SENATE JOURNAL [Session 

H. B. 177, an act to amend Chapter 148 of the Session Laws of 1963 and 
Chapter 152 of the Session Laws of 1967 relating to the charter of the 
town of Nags Head and to amend said charter relating to the election of 
the members of the governing body of said town. 

H. B. 101, an act creating the Charlotte-Mecklenburg Charter Commission 
and providing for an election upon the consolidation of the governments of 
the municipalities within, and the county of, Mecklenburg. 

H. B. 146, an act authorizing the Warren County ABC Board to sell 
wines having alcoholic content of less than 14%. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Griffin, for the Committee on Veterans and Military Affairs: 

S. B. 168, a bill to amend Chapter 127 of the General Statutes so as to 
grant certain members of the North Carolina National Guard or State 
Defense Militia immunity from criminal or civil liability for acts done on 
the performance of their duties during time of public disaster or crisis, 
with a favorable report. 

By Senator Henley, for the Committee on State Government: 

S. B. 130, a bill to provide for expansion of services of the North Carolina 
Capital Building Authority, with an unfavorable report as to bill, favorable 
report as to Committee Substitute bill. 

Upon motion of Senator Henley, the Committee Substitute bill is placed 
upon today's Calendar. 

By Senator J. White of Cleveland, for the Committee on Local Govern- 
ment: 

S. B. 177, a bill amending General Statutes 153-9 ( 35%) and 153-9(35%) 
relating to the authority of boards of county commissioners to expend 
nontax and tax revenues for soil and water conservation so as to make 
said statutes applicable to Caldwell County, with a favorable report. 

S. B. 183, a bill to amend Sections 105-306(26); 105-308; 105-309 and 
105-310 of the General Statutes of North Carolina in order to authorize 
the board of county commissioners of Iredell County to prescribe regula- 
tions relating to the listing of property for taxation in Iredell County, and 
to authorize the division, or combining of townships for tax listing purposes, 
with a favorable report. 

S. B. 190, a bill to amend Chapter 716, Session Laws of 1947, relating to 
the nomination and election of the members of the Concord City Board of 
Education, with a favorable report. 

Upon motion of Senator Boger, the bill is placed upon today's Calendar. 

H. B. 109, a bill to incorporate the village of Whispering Pines in Moore 
County, with a favorable report. 

Upon motion of Senator J. White of Cleveland, the bill is placed upon 
today's Calendar. 

H. B. 175, a bill to provide that the issuance of bonds after a bond order 
takes effect shall be extended by the period of time within which such 



1969] SENATE JOURNAL 159 

bonds could not be issued because of litigation, with a favorable report, 
as amended. 

By Senator Wood, for the Committee on Highway Safety: 

S. B. 192, a bill to amend General Statutes 20-289(a) to increase those 
license fees which are placed in the Dealers'-Manufacturers' License Fund, 
with a favorable report. 

H. B. 110, a bill to amend General Statutes 20-9 to require an applicant 
for a North Carolina driver's license to surrender any out-of-state licenses 
previously issued to him, with a favorable report. 

By Senator Burney, for the Committee on Conservation and Development: 

S. B. 163, a bill appropriating funds to the Department of Conservation 
and Development for the construction and equipping of a Forestry Head- 
quarters Building in Alamance County, with a favorable report. 

Upon motion of Senator Burney, the bill is re-referred to the Committee 
on Appropriations. 

S. B. 184, a bill to amend Article 21, Chapter 143 of the General Statutes 
to clarify the authority of local air pollution control programs, with a 
favorable report, as amended. 

By Senator Norton, for the Committee on Election Laws: 

S. B. 182, a bill to validate the publication of notice of a special bond 
election to be held in the city of Sanford even though the dates between 
the first and last publication of such notice is less than thirty days, with a 
favorable report. 

H. B. 128, a bill to amend Chapter 666 of the Session Laws of 1967 to 
change the closing filing date from Saturday to Friday for candidates for 
the Monroe City School Board of Education, with a favorable report. 

By Senator Moore, for the Committee on Wildlife: 

H. B. 242, a bill to exempt boats operated on private ponds from motor- 
boat law, with a favorable report. 

H. B. 240, a bill to regulate the use of firearms in field trials and in 
training dogs, with a favorable report. 

H. B. 241, a bill to require skin divers to display a warning flag as ap- 
proved by the Underwater Society of America, with a favorable report, 
as amended. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator James: S. B. 211, a bill pertaining to those persons who are 
eligible to instruct persons studying to become registered nurses. 

Referred to Committee on Public Health. 

By Senator J. White of Cleveland: S. B. 212, a bill to amend the Con- 
stitution of North Carolina to revise Article V concerning State and local 
finance. 

Referred to Committee on Constitution. 

By Senator S. Warren of Sampson: S. B. 213, a bill to authorize a 
referendum in the town of Garland on alcoholic beverage control stores. 



160 SENATE JOURNAL [Session 

Referred to Committee on Alcoholic Beverage Control. 

By Senator West: S. B. 214, a bill to amend General Statutes 20-183.2(c) 
concerning- safety equipment inspections of motor vehicles sold at retail. 

Referred to Committee on Highway Safety. 

By Senators Norton, Flaherty and Rauch: S. B. 215, a bill to amend 
Chapter 163 of the General Statutes so as to permit blind voters to select 
assistance without restriction. 

Referred to Committee on Election Laws. 

By Senators Norton, Dent, Flaherty, West, Briggs and Wilkie: S. B. 216, 
a bill appropriating funds to the Department of Agriculture for the erection 
and operation of a regional diagnostic laboratory for Western North 
Carolina. 

Referred to Committee on Agriculture. 

By Senator Wood: S. B. 217, a bill to amend Chapter 81 of the General 
Statutes of North Carolina to require labeling of containers of construction 
mortar mixes. 

Referred to Committee on Agriculture. 

By Senator Griffin: S. B. 218, a bill to require motor vehicles to be 
equipped with safe tires. 

Referred to Committee on Highway Safety. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time, and 
disposed of, as follows: 

H. B. 135, a bill to repeal General Statutes 15-162.1, relating to a plea of 
guilty in first degree murder, first degree burglary, arson, and rape. 

Referred to Committee on Judiciary No. 1. 

H. J. R. 298, a joint resolution endorsing the observance of "National 
Arthritis Month" and designating the month of May as "Arthritis Month 
in North Carolina." 

Upon motion of Senator Evans, the rules are suspended and the resolution 
is placed upon its immediate passage. 

Passes its second and third readings and is ordered enrolled. 

S. B. 156, a bill to amend Articles 11, 13 and 14 of Chapter 54 of the 
General Statutes relating to the powers, officers and supervision of credit 
unions, for concurrence in the House amendment. 

Upon motion of Senator Edwards, the Senate concurs in the House 
amendment and the bill is ordered enrolled. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 120, a bill to amend the Federal Tax Lien Registration Act to 
comply with the Federal Tax Lien Act of 1966, upon second reading. 



1969] SENATE JOURNAL 161 

The bill passes its second reading by roll call vote, ayes 48, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, 
Edwards, Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, 
Henley, James, Johnson, Joyner, Kirby, Larkins, MacLean, McGeachy, 
Moore, Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, 
Robinson, Sapp, Saunders, Staton, S. Warren of Sampson, L. Warren of 
Wayne, West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48. 

S. B. 77, a bill to amend the laws relating to mechanics' and material- 
men's liens. 

The bill, as amended, passes its second reading. 

Senator Gurganus offers an amendment which fails of adoption. 

The bill, as amended, passes its third reading and is ordered engrossed 
and sent to the House of Representatives. 

S. B. 143, a bill to amend General Statutes 84-33 relating to the annual 
and special meetings of the North Carolina State Bar. 

Upon motion of Senator L. Warren of Wayne, the amendment offered by 
the Committee is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 167, a bill rewriting General Statutes 106-564.3 relating to assess- 
ments on cattle so as to provide for assessments on all cattle sold. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 173, a bill to amend the Workmen's Compensation Act, regarding 
benefits. 

The bill passes its second reading. 

Upon objection of Senator Allsbrook to its third reading, the bill is placed 
upon the Calendar for Friday, March 14, for this third reading. 

H. B. 31, a bill relating to the receipt of unordered merchandise so as to 
provide that the recipient thereof is not liable for the payment thereof. 

Passes its second and third readings and is ordered enrolled. 

H. B. 121, a bill to amend the regulations pertaining to the sale of 
firearms. 

Upon motion of Senator Nielson, the amendment offered by the Committee 
is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
returned to the House of Representatives for concurrence in the Senate 
amendment. 

H. B. 109, a bill to incorporate the village of Whispering Pines in Moore 
County, upon second reading. 

The bill passes its second reading by roll call vote, ayes 48, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, 
Edwards, Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, 



162 SENATE JOURNAL [Session 

Henley, James, Johnson, Joyner, Kirby, Larkins, MacLean, McGeachy, 
Moore, Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, 
Robinson, Sapp, Saunders, Staton, S. Warren of Sampson, L. Warren of 
Wayne, West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48. 

Committee substitute for S. B. 130, a bill to provide for expansion of 
services of the North Carolina Capital Building Authority. 

Upon motion of Senator Henley, the Committee substitute bill is adopted. 

S. B. 190, a bill to amend Chapter 716, Session Laws of 1947, relating to 
the nomination and election of the members of the Concord City Board of 
Education. 

Passes its second and third readings and is ordered sent to the House of 
Representatives, by special messenger. 

Upon motion of Senator Penn, the Senate adjourns to meet tomorrow 
at 12 M. 



FIFTIETH DAY 

Senate Chamber, 
Thursday, March 13, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Norwood Jones, Pastor of the United 
Methodist Church, Louisburg. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and is 
found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

Upon motion of Senators Allsbrook and V. White of Pitt, the President 
extends the courtesies of the galleries to Mr. D. N. Beale and Mr. O. B. 
Stokes, the Chief of Police and City Manager, respectively, of the city of 
Roanoke Rapids. 

The President grants leave of absence to Senators Scott and Edwards 
for tomorrow, March 14, 1969. 

Upon motion of Senator Boger, S. B. 101, a bill to enhance the continued 
administration of institutions of learning, is taken from the Committee on 
Judiciary No. 2 and re-referred to the Committee on Correctional Institu- 
tions and Law Enforcement. 

Upon motion of Senator Boger, S. B. 126, a bill relating to the common 
law offenses of riot and inciting to riot, is taken from the Committee on 
Judiciary No. 2 and re-referred to the Committee on Correctional Institu- 
tions and Law Enforcement. 

Upon motion of Senator Evans, H. B. 13, a bill to amend General Statutes 
116-46.3 relating to participation in sixth-year program of graduate in- 
struction for superintendents, assistant superintendents and principals of 
public schools, is taken from the Committee on Education and re-referred 
to the Committee on Higher Education. 



1969] SENATE JOURNAL 163 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary 
of State: 

H. J. R. 298, a joint resolution endorsing the observance of "National 
Arthritis Month" and designating the month of May as "Arthritis Month 
in North Carolina". 

H. J. R. 213, a joint resolution establishing a cut-off date after which no 
local bills may be introduced in the General Assembly of North Carolina. 

S. B. 156, an act to amend Articles 11, 13 and 14 of Chapter 54 of the 
General Statutes relating to the powers, officers and supervision of credit 
unions. 

H. B. 31, an act relating to the receipt of unordered merchandise so as 
to provide that the recipient thereof is not liable for the payment thereof. 

S. B. 190, an act to amend Chapter 716, Session Laws of 1947, relating 
to the nomination and election of the members of the Concord City Board 
of Education. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator James, for the Committee on Public Health: 

S. J. R. 198, a joint resolution urging the vocation guidance, recruitment 
and encouragement of students to enter premedical and medical education, 
with a favorable report. 

S. J. R. 199, a joint resolution urging the three medical schools in the 
State to increase their output of physicians, with a favorable report. 

S. B. 205, a bill to appropriate certain funds to the University of North 
Carolina at Chapel Hill to provide for certain capital improvements for 
the University Medical School, with a favorable report. 

Upon motion of Senator James, the bill is re-referred to the Committee 
on Appropriations. 

S. B. 196, a bill to appropriate certain funds to the University of North 
Carolina at Chapel Hill School of Medicine to provide special teacher 
program for medical students, to improve community medical care, and to 
improve education of personal and family physicians, with a favorable 
report. 

Upon motion of Senator James, the bill is re-referred to the Committee 
on Appropriations. 

S. B. 197, a bill to appropriate $127,554.00 to the University of North 
Carolina to establish a professor of family medicine at the School of 
Medicine, with a favorable report. 

Upon motion of Senator James, the bill is re-referred to the Committee 
on Appropriations. 

S. J. R. 200, a joint resolution urging the strengthening of science and 
other facets of premedical education, with a favorable report. 



164 SENATE JOURNAL [Session 

H. B. 60, a bill to authorize and make uniform the procedure making a 
gift of all or part of a human body after death for specified purposes, with 
a favorable report. 

By Senator Currie, for the Committee on Alcoholic Beverage Control: 

H. B. 219, a bill to amend Chapter 48, Session Laws of 1963, as amended, 
relating to Alcoholic Beverage Control stores in the town of Roseboro, with 
a favorable report. 

S. B. 170, a bill to authorize a referendum in the towns of Biscoe and 
Mount Gilead on alcoholic beverage control stores, with a favorable report. 

H. B. 112, a bill to authorize the Cumberland County ABC Board to 
establish a retirement system, with a favorable report. 

By Senator Ellis, for the Committee on Judiciary No. 1: 

S. B. 112, a bill to provide for the creation of a tenancy by the entirety 
in the division of land, with a favorable report. 

By Senator Boger, for the Committee on Judiciary No. 2 : 

S. B. 106, a bill to provide for the certification of the existence and 
amounts of assessment liens against real property, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senators L. Warren of Wayne, Scott, Bailey and Harrington: S. B. 
219, a bill to amend the State Highway Bond Act of 1965, subject to a vote 
of the people of the State, to raise the maximum interest rate from four 
per centum to five per centum per annum with respect to State of North 
Carolina Highway Bonds. 

Referred to Committee on Public Roads. 

By Senator Dent: S. B. 220, a bill to establish district courts in the 
twenty-eighth judicial district. 

Referred to Committee on Courts and Judicial Districts. 

By Senators J. White of Cleveland and Penn: S. B. 221, a bill restricting 
the use of certain edible fish, limiting the amount of certain edible fish 
one may have in his possession, prohibiting trawling and restricting purse 
seining in certain coastal waters and for other purposes. 

Referred to Committee on Wildlife. 

By Senator Flaherty: S. B. 222, a bill to clarify General Statutes 20-28.1 
relating to revocation of driving privileges of persons who drive while 
licenses are revoked or suspended. 

Referred to Committee on Highway Safety. 

By Senator Johnson: S. B. 223, a bill to amend General Statutes 
20-183.2 (a) concerning the safety equipment inspection of small trailers. 

Referred to Committee on Highway Safety. 

By Senator Johnson: S. B. 224, a bill authorizing Johnston County to 
levy special purpose taxes for certain purposes. 

Referred to Committee on Local Government. 



1969] SENATE JOURNAL 165 

By Senator Johnson: S. B. 225, a bill to amend General Statutes 153-10.1 
to authorize the Board of County Commissioners of Johnston County to 
regulate garbage disposal. 

Referred to Committee on Local Government. 

By Senator James: S. B. 226, a bill to exempt from jury duty the oper- 
ating employees of a railroad when such employees are engaged in 
emergency railroad work. 

Referred to Committee on Courts and Judicial Districts. 

By Senator Wood: S. J. R. 227, a joint resolution honoring Dr. John 
Caldwell. 

Upon motion of Senator Wood the rules are suspended and the bill is 
placed on its immediate passage. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time, and 
disposed of, as follows: 

H. B. 265, a bill relating to the Alamance County Law Library. 

Referred to Committee on Libraries. 

H. J. R. 350, a joint resolution honoring the North Carolina Distributive 
Education Clubs of America. 

Upon motion of Senator Murrow the rules are suspended and the bill is 
placed upon its immediate passage. 

Passes its second and third readings and is ordered enrolled. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

H. B. 109, a bill to incorporate the village of Whispering Pines in Moore 
County, upon third reading. 

The bill passes its third reading by roll call vote, ayes 48, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, 
Edwards, Ellis, Evans, Flaherty, Griffin, Gurganus, Harrington, Henley, 
James, Johnson, Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy, 
Moore, Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, 
Robinson, Sapp, Saunders, Scott, Staton, S. Warren of Sampson, West, 
J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48. 

The bill is ordered enrolled. 

S. B. 182, a bill to validate the publication of notice of a special bond 
election to be held in the city of Sanford even though the dates between the 
first and last publication of such notice is less than thirty days. 

Passes its second and third readings and is ordered sent to the House of 
Representatives by special messenger. 



166 SENATE JOURNAL [Session 

S. B. 183, a bill to amend Sections 105-306(26); 105-308; 105-309 and 
105-310 of the General Statutes of North Carolina in order to authorize the 
Board of County Commissioners of Iredell County to prescribe regulations 
relating to the listing of property for taxation in Iredell County, and to 
authorize the division or combining of townships for tax listing purposes. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 128, a bill to amend Chapter 666 of the Session Laws of 1967 to 
change the closing filing date from Saturday to Friday for candidates for 
the Monroe City School Board of Education. 

Passes its second and third readings and is ordered enrolled. 

S. B. 120, a bill to amend the Federal Tax Lien Registration Act to 
comply with the Federal Tax Lien Act of 1966, upon third reading. 

The bill passes its third reading by roll call vote, ayes 48, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, 
Edwards, Ellis, Evans, Flaherty, Griffin, Gurganus, Harrington, Henley, 
James, Johnson, Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy, 
Moore, Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, 
Robinson, Sapp, Saunders, Scott, Staton, S. Warren of Sampson, West, 
J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48. 

The bill is ordered sent to the House of Representatives. 

S. B. 192, a bill to amend General Statutes 20-289 (a) to increase those 
license fees which are placed in the Dealers'-Manufacturers' License Fund. 

Upon motion of Senator Wood, the bill is re-referred to the Committee on 
Highway Safety. 

H. B. 175, a bill to provide that the issuance of bonds after a bond order 
takes effect shall be extended by the period of time within which such 
bonds could not be issued because of litigation, upon second reading. 

Upon motion of Senator Gurganus, the Committee amendment is adopted. 

The bill, as amended, passes its second reading by roll call vote, ayes 48, 
noes 0, as follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, 
Edwards, Ellis, Evans, Flaherty, Griffin, Gurganus, Harrington, Henley, 
James, Johnson, Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy, 
Moore, Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, 
Robinson, Sapp, Saunders, Scott, Staton, S. Warren of Sampson, West, 
J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48. 

Committee Substitute for S. B. 130, a bill to provide for expansion of 
services of the North Carolina Capital Building Authority. 

Upon motion of Senator Henley consideration of the bill is postponed 
until Friday, March 14, 1969. 

S. B. 168, a bill to amend Chapter 127 of the General Statutes so as to 
grant certain members of the North Carolina National Guard or State 
Defense Militia immunity from criminal or civil liability for acts done in 
the performance of their duties during time of public disaster or crisis. 



1969] SENATE JOURNAL 167 

Senator Maxwell moves that the bill be re-referred to the Committee on 
Correctional Institutions and Law Enforcement. 

Senator Poovey moves the previous question, which motion is ruled out 
of order. 

Senator Maxwell moves the previous question, and that motion prevails. 

The motion of Senator Maxwell to re-refer the bill prevails, and the bill 
is re-referred to the Committee on Correctional Institutions and Law En- 
forcement. 

S. B. 177, a bill amending General Statutes 153-9(35%) and 153-9(35%) 
relating to the authority of boards of county commissioners to expend 
nontax and tax revenues for soil and water conservation so as to make 
said Statutes applicable to Caldwell County. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 184, a bill to amend Article 21, Chapter 143 of the General Statutes 
to clarify the authority of local air pollution control programs. 

Upon motion of Senator Burney the Committee amendment is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

H. B. 110, a bill to amend General Statutes 20-9 to require an applicant 
for a North Carolina driver's license to surrender any out-of-state licenses 
previously issued to him. 

Upon motion of Senator Wood the bill is re-referred to the Committee on 
Judiciary No. 2. 

H. B. 240, a bill to regulate the use of firearms in field trials and in 
training dogs. 

Passes its second and third readings and is ordered enrolled. 

H. B. 241, a bill to require skin divers to display a warning flag as ap- 
proved by the Underwater Society of America. 

Upon motion of Senator Moore the Committee amendment is adopted. 

Senator Burney offers an amendment which is adopted. 

Senator Coggins offers an amendment which is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
sent to the House of Representatives for concurrence in the Senate amend- 
ments. 

H. B. 242, a bill to exempt boats operated on private ponds from motor- 
boat law. 

The bill passes its second reading. 

Upon objection of Senator Rauch to its third reading, the bill remains 
upon the Calendar. 

Upon motion of Senator S. Warren of Sampson, the Senate adjourns to 
meet tomorrow morning at 10 o'clock. 



168 SENATE JOURNAL [Session 

FIFTY-FIRST DAY 

Senate Chamber, 
Friday, March 14, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the 
Senate. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and is 
found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

Upon motion of Senators Joyner and Poovey, the courtesies of the 
galleries are extended to the seventh grade of College Park Junior High 
School, Hickory, and to their teachers, Mrs. Grace Cooke and Mr. David 
Gentry. 

Upon motion of Senator Saunders, the courtesies of the galleries are 
extended to the following Council Members of the Village of Whispering 
Pines in Moore County: Mr. A. B. Hardee, Dr. Robert E. Carey, Lt. General 
Carson A. Roberts, Mr. William H. Toussiant and Admiral J. W. Leverton, 
Jr; and to Mrs. Marydee Richards, Editor of The Whispering Pines Pitch. 

Upon motion of Senator Rauch, the President extends the courtesies of 
the galleries to the Civics Class of Wray Junior High School, Gastonia, 
and to their teachers, Mr. Glendale Brooks, Mrs. Laura Hall and Mrs. Bill 
Rucker. 

The President grants leave of absence to Senators Dent, James, MacLean, 
West and Penn for today. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary of 
State : 

H. B. 109, an act to incorporate the village of Whispering Pines in Moore 
County. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Scott, for the Committee on Finance: 

S. B. 62, a bill to amend the income tax laws so as to permit the deduction 
of small contributions to political campaigns, with an unfavorable report. 

By Senator Norton, for the Committee on Election Laws: 

H. B. 144, a bill relating to terms and election of officials of the town of 
Wade in Cumberland County, with a favorable report. 

By Senator Harrington, for the Committee on Public Roads: 



1969] SENATE JOURNAL 169 

S. B. 149, a bill to amend Chapter 136 of the General Statutes to require 
the State Highway Commission to mark paved roads with center and pave- 
ment edge lines, with a favorable report, as amended. 

Upon motion of Senator Harrington, the bill is placed upon today's 
Calendar. 

H. B. 158, a bill to amend General Statutes 20-116(d) pertaining to the 
size of vehicles and extending the length of certain trucks, with a favorable 
report. 

By Senator J. White of Cleveland, for the Committee on Local Govern- 
ment: 

S. B. 180, a bill to amend Chapter 160 of the General Statutes relating to 
municipal corporations, so as to exclude Catawba County from the pro- 
visions of Part 2 and Part 3 of the Article providing for the extension of 
corporate limits, with a favorable report. 

S. B. 191, a bill enabling municipalities to finance redevelopment pro- 
grams on an annual basis, with a favorable report. 

S. J. R. 207, a joint resolution establishing a Wake County Bicentennial 
Commission, with a favorable report. 

S. B. 209, a bill to amend General Statutes 153-5 to provide for staggered 
terms of office for the county commissioners of Onslow County, with a 
favorable report. 

H. B. 36, a bill to amend the charter of the city of Mount Holly so as 
to create a city council consisting of five members, with a favorable report, 
as amended. 

H. B. 43, a bill repealing Chapter 5 of the 1965 Session Laws and amend- 
ing a portion of Section 1 of Chapter 34 of the 1953 Session Laws of 
North Carolina to revise and establish ward boundary lines of the city of 
Gastonia, with a favorable report. 

H. B. 154, a bill to amend Chapter 508 of the Session Laws of 1947 so as 
to permit Harnett County to release certain restrictions on hospital property, 
with a favorable report. 

H. B. 179, a bill to amend Sections 105-306(26); 105-308; 105-309 and 
105-310 of the General Statutes of North Carolina in order to authorize the 
boards of county commissioners of Jackson, Transylvania, and Swain 
counties', to prescribe regulations relating to the listing of property for 
taxation in those counties, with a favorable report. 

H. B. 201, a bill to amend Chapter 598 of the Session Laws of 1967 
authorizing use of nontax revenues for recreational purposes in Mecklen- 
burg County, with a favorable report. 

H. B. 217, a bill authorizing the Pamlico County Board of Education to 
convey to Hobucken Community Development, Inc. a portion of the 
Hobucken School site on which the Hobucken School Teacherage building 
is located for use as a community center, with a favorable report. 

H. B. 222, a bill to amend Chapter 402 of the Session Laws of 1947 re- 
lating to the establishment of Winston-Salem Firemen's Retirement Fund 
Association, with a favorable report. 



170 SENATE JOURNAL [Session 

H. B. 246, a bill to amend Chapter 119 of the Private Laws of 1913 by 
increasing the number of town commissioners in Norlina from three to 
five, with a favorable report. 

H. B. 249, a bill to make applicable to the town of Glen Alpine the pro- 
visions of General Statutes 105-422 relating to the limitation of actions on 
tax liens, with a favorable report. 

H. B. 255, a bill to create the office of Director of Finance in Cleveland 
County, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator Boger: S. B. 228, a bill to amend Chapter 196, Session Laws 
of 1967, to authorize the appointment of ABC officers in the town of Mt. 
Pleasant, and to specify their jurisdiction. 

Referred to Committee on Alcoholic Beverage Control. 

By Senator Boger: S. B. 229, a bill to amend Chapter 195, Session Laws 
of 1967, to authorize the appointment of ABC officers in the city of Concord 
and to specify their jurisdiction. 

Referred to Committee on Alcoholic Beverage Control. 

By Senator Ellis: S. B. 230, a bill to amend Chapter 115A of the General 
Statutes by adding General Statutes 115A-17.2 permitting disposition of 
real and personal property by community colleges. 

Referred to Committee on Education. 

By Senator Flaherty: S. B. 231, a bill extending the jurisdiction of the 
police officers of the city of Morganton in Burke County. 

Referred to Committee on Local Government. 

By Senator Folger: S. B. 232, a bill to establish a supplementary pension 
fund for firemen in the town of Elkin. 

Referred to Committee on Local Government. 

By Senators Staton, Allen and Flaherty: S. B. 233, a bill relating to the 
age and hours of a week's work of women. 

Referred to Committee on Manufacturing, Labor and Commerce. 

By Senator Gurganus: S. B. 234, a bill appropriating the sum of ten 
thousand dollars for each year of the biennium to the Elizabethan Garden 
of the Garden Clubs of North Carolina, Inc. 

Referred to Committee on Appropriations. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

S. B. 48, a bill to make it a felony for a person to remove a child from 
this State when a court has awarded custody to another person, for con- 
currence in the House amendment. 



1969] SENATE JOURNAL 171 

Upon motion of Senator Boger, the Senate concurs in the House amend- 
ment and the bill is ordered enrolled. 

H. B. 134, a bill to amend General Statutes 14-132.1 so as to increase the 
maximum punishment for demonstrations or assemblies of persons kneeling 
or lying down in public buildings. 

Referred to Committee on Correctional Institutions and Law Enforcement. 

H. B. 188, a bill to amend North Carolina General Statutes 116-45(5) 
defining the primary purpose of Elizabeth City State College, Fayetteville 
State College, and Winston-Salem State College. 

Referred to Committee on Higher Education. 

H. B. 193, a bill to amend North Carolina General Statutes 116-45(2) 
denning the primary purpose of Pembroke State College. 

Referred to Committee on Higher Education. 

H. B. 264, a bill to authorize a referendum in the town of Aberdeen on 
alcoholic beverage control stores and the sale of beer and wine. 

Referred to Committee on Alcoholic Beverage Control. 

H. B. 266, a bill to authorize the Vance County Board of Education to 
convey certain surplus property to the county of Vance. 

Referred to Committee on Education. 

H. B. 287, a bill to eliminate the requirement that not more than two 
members of the Orange County Board of Education may reside in any one 
township of the county. 

Referred to Committee on Education. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 170, a bill to authorize a referendum in the towns of Biscoe and 
Mount Gilead on alcoholic beverage control stores. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 112, a bill to authorize the Cumberland County Alcoholic Beverage 
Control Board to establish a retirement system. 

Passes its second and third readings and is ordered enrolled. 

H. B. 219, a bill to amend Chapter 48, Session Laws of 1963, as amended, 
relating to alcoholic beverage control stores in the town of Roseboro. 

Passes its second and third readings and is ordered enrolled. 

H. B. 175, a bill to provide that the issuance of bonds after a bond order 
takes effect shall be extended by the period of time within which such 
bonds could not be issued because of litigation, upon third reading. 

The bill, as amended, passes its third reading by roll call vote, ayes 42, 
noes 0, as follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Ellis, Evans, 
Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, Johnson, Joyner, 
Kirby, Larkins, Maxwell, McGeachy, Moore, Murrow, Nielson, Patterson, 



172 SENATE JOURNAL [Session 

Poovey, Rauch, Reed, Robinson, Sapp, Saunders, Staton, S. Warren of 
Sampson, L. Warren of Wayne, J. White of Cleveland, V. White of Pitt, 
Wilkie, Wood— 42. 

The bill is ordered sent to the House of Representatives for concurrence 
in the Senate amendment. 

S. B. 173, a bill to amend the Workmen's Compensation Act, regarding 
benefits. 

Upon motion of Senator Staton, action on the bill is postponed until 
Thursday, March 20, 1969. 

H. B. 242, a bill to exempt boats operated on private ponds from motor- 
boat law, upon third reading. 

The bill passes its third reading and is ordered enrolled. 

S. B. 106, a bill to provide for the certification of the existence and 
amounts of assessment liens against real property. 

Upon motion of Senator Boger, consideration of the bill is postponed 
until Monday, March 17, 1969. 

S. B. 112, a bill to provide for the creation of a tenancy by the entirety 
in the division of land. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

Committee substitute for S. B. 130, a bill to provide for expansion of 
services of the North Carolina Capital Building Authority. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. J. R. 198, a joint resolution urging the vocation guidance, recruitment 
and encouragement of students to enter premedical and medical education. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. J. R. 199, a joint resolution urging the three medical schools in the 
State to increase their output of physicians. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. J. R. 200, a joint resolution urging the strengthening of science and 
other facets of premedical education. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 60, a bill to authorize and make uniform the procedure making a 
gift of all or a part of a human body after death for specified purposes. 

Passes its second and third readings and is ordered enrolled. 

S. B. 149, a bill to amend Chapter 136 of the General Statutes to require 
the State Highway Commission to mark paved roads with center and 
pavement edge lines. 

Upon motion of Senator Harrington, the amendment offered by the 
Committee is adopted, and the bill remains upon the Calendar. 

Upon motion of Senator Briggs, the Senate adjourns to meet tomorrow 
morning at 9:30 o'clock, at which time only Public Local bills will be con- 
sidered, and adjournment will be until Monday evening at 8:00 o'clock. 



1969] SENATE JOURNAL 173 

FIFTY-SECOND DAY 

Senate Chamber, 
Saturday, March 15, 1969. 

The Senate meets pursuant to adjournment, and in the absence of 
Lieutenant Governor H. Patrick Taylor, Jr. and President Pro Tempore N. 
Hector McGeachy, the Principal Clerk, Roy Rowe, calls Senator Coggins to 
the Chair who calls the Senate to order and presides during the Session. 

Prayer is offered by Senator Coggins. 

Senator Bailey for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and found to 
be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

Upon motion of Senator Bailey, the Senate adjourns to meet Monday 
evening at 8 o'clock. 



FIFTY-THIRD DAY 

Senate Chamber, 
Monday, March 17, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Alfred Snipes, Pastor of Bunn Baptist 
Church, Bunn, and a cousin of Senator Gorden P. Allen. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of Saturday has been examined and 
found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

Upon motion of Senator Johnson, the President extends the courtesies of 
the galleries to Girl Scout Cadet Troop No. 291 of Garner, and to their 
leader, Mrs. Wally Johnson. 

Upon motion of Senators Bailey and Coggins, the President extends the 
courtesies of the galleries to the Honorable Travis H. Tomlinson, Mayor 
of Raleigh. 

Upon motion of Senator Scott, the President extends the courtesies of 
the galleries to the Pioneer Youth Fellowship of Hawfields Presbyterian 
Church, in Alamance County, and to their advisors, Mr. and Mrs. William 
Covington. 

Upon motion of Senator Staton, the President extends the courtesies of 
the galleries to the students of a government class from Campbell College, 
and to their teacher, Mr. George S. Graham. 

Upon motion of Senators Bailey and Coggins, the President extends the 
courtesies of the galleries to a group of fifteen teachers from LeRoy Martin 
Junior High School, Raleigh. 

The President extends the courtesies of the galleries to Mrs. Norris C. 
Reed, Jr., wife of the Senator from Craven County, and to Mr. and Mrs. 
Robert L. Blandford of New Bern. 

The President grants leave of absence to Senator Henley for tonight. 



174 SENATE JOURNAL [Session 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary of 
State: 

S. B. 36, an act to amend General Statutes 153-10.1 to authorize the 
Board of County Commissioners of Robeson County to regulate garbage 
disposal. 

S. B. 44, an act to fix a uniform schedule of fees to be charged by the 
registers of deeds throughout North Carolina. 

S. B. 48, an act to make it a felony for a person to remove a child from 
this State when a court has awarded custody to another person. 

S. B. 118, an act to provide for filling vacancies on the Board of County 
Commissioners of Person County. 

S. B. 131, an act to validate the acts of certain notaries where the notary 
seal incorrectly contained the name of another state. 

H. B. 60, an act to authorize and make uniform the procedure making 
a gift of all or part of a human body after death for specified purposes. 

H. B. 112, an act to authorize the Cumberland County ABC Board to 
establish a retirement system. 

H. B. 219, an act to amend Chapter 48, Session Laws of 1963, as amended, 
relating to alcoholic beverage control stores in the town of Roseboro. 

H. B. 242, an act to exempt boats operated on private ponds from motor- 
boat law. 

H. J. R. 350, a joint resolution honoring the North Carolina Distributive 
Education Clubs of America. 

H. B. 121, an act to amend the regulations pertaining to the sale of 
firearms. 

H. B. 128, an act to amend Chapter 666 of the Session Laws of 1967 to 
change the closing filing date from Saturday to Friday for candidates for 
the Monroe City School Board of Education. 

H. B. 240, an act to regulate the use of firearms in field trials and in 
training dogs. 

S. B. 142, an act to amend Chapter 982 of the Session Laws of 1963; to 
repeal Section 2 of Chapter 1062 of the Session Laws of 1967, and to 
allocate the profits earned by the Hamlet Board of Alcoholic Control. 

S. B. 155, an act to authorize the qualified voters of the town of 
Bessemer City to determine whether wine and beer may be legally sold 
and alcoholic beverage control stores operated in the town of Bessemer 
City. 

S. B. 182, an act to validate the publication of notice of a special bond 
election to be held in the city of Sanford even though the dates between 
the first and last publication of such notice is less than thirty days. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 



1969] SENATE JOURNAL 175 

By Senator MacLean, for the Committee on Agriculture: 

H. B. 271, a bill to amend Article 50, Chapter 106 of the General Statutes 
so as to provide for ballots by mail in referendums among producers of 
agricultural products on the question of self-assessment programs, with a 
favorable report. 

S. B. 216, a bill appropriating funds to the Department of Agriculture 
for the erection and operation of a regional diagnostic laboratory for 
Western North Carolina, with a favorable report. 

Upon motion of Senator MacLean, the bill is re-referred to the Com- 
mittee on Appropriations. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator S. Warren of Sampson: S. B. 235, a bill to amend the 
General Statutes relating to interest and charges on borrowed money. 

Referred to Committee on Banking. 

By Senator S. Warren of Sampson: S. B. 236, a bill to provide a supple- 
mental retirement fund for firemen in the city of Clinton and to modify 
the application of General Statutes 118-5, 118-6 and 118-7 to the city of 
Clinton. 

Referred to Committee on Local Government. 

By Senator Kirby: S. B. 237, a bill to provide for a period of probation 
when a new driver's license is issued under the provisions of General 
Statutes 20-19(e). 

Referred to Committee on Highway Safety. 

By Senator MacLean: S. B. 238, a bill to authorize the city of Lumberton 
to levy and collect taxes within the areas of the city administrative unit 
which are outside the corporate limits. 

Referred to Committee on Local Government. 

By Senators Bowles, Murrow and Edwards: S. B. 239, a bill to provide 
procedures for election of mayor and board of commissioners of the town 
of Franklinville. 

Referred to Committee on Local Government. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 63, a bill to amend Chapter 199, Session Laws of 1965 to allocate 
the profits earned by the city of Rockingham Board of Alcoholic Control 
and to provide for the appointment of members to the board. 

Referred to Committee on Alcoholic Beverage Control. 

H. B. 176, a bill to repeal Chapter 1113 of the 1967 Sessions Laws pro- 
viding for the non-partisan election of the Henderson County Board of 
Education and the extension of the terms of office of the members of the 
Henderson County Board of Education so as to provide for the non-partisan 



176 SENATE JOURNAL [Session 

election of the entire membership of the Henderson County Board of 
Education at the 1970 regular general county election. 

Referred to Committee on Education. 

H. B. 200, a bill amending the charter of the town of Littleton to remove 
limitation on value of estate and property. 

Referred to Committee on Local Government. 

H. B. 260, a bill to amend Sections 105-306(26); 105-308; 105-309 and 
105-310 of the General Statutes of North Carolina in order to authorize the 
board of commissioners of Cleveland County to prescribe regulations re- 
lating to the listing of property for taxation in that county, and to authorize 
the division or combining of townships for tax listing purposes. 

Referred to Committee on Local Government. 

H. B. 261, a bill amending Chapter 1073 of the Session Laws of 1959, 
relating to the issuance of pistol permits, so as to make the same applicable 
to Jones County. 

Referred to Committee on Local Government. 

H. B. 269, a bill relating to the election of the board of county commis- 
sioners of Currituck County. 

Referred to Committee on Election Laws. 

H. B. 270, a bill to fix the compensation of the chairman and members 
of the board of county commissioners of Currituck County. 

Referred to Committee on Local Government. 

H. B. 274, a bill to authorize the governing body of the town of Maxton, 
North Carolina, to appoint a City Manager and to prescribe his powers 
and duties. 

Referred to Committee on Local Government. 

H. B. 283, a bill to amend the act relating to the authority of the 
Charlotte Firemen's Retirement System to invest in stock. 

Referred to Committee on Local Government. 

H. B. 284, a bill to amend the charter of the city of Charlotte. 

Referred to Committee on Local Government. 

H. B. 310, a bill to amend Section 160-25 of the General Statutes of 
North Carolina. 

Referred to Committee on Judiciary No. 1. 

H. J. R. 360, a joint resolution congratulating the basketball team of the 
University of North Carolina. 

Upon motion of Senator Robinson, the rules are suspended and the bill 
is placed upon its immediate passage. 

Passes its second and third readings and is ordered enrolled. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 

follows: 

S. J. R. 207, a bill establishing a Wake County Bicentennial Commission. 
Passes its second and third readings and is ordered sent to the House of 
Representatives. 



1969] SENATE JOURNAL 177 

S. B. 209, a bill to amend General Statutes 153-5 to provide for staggered 
terms of office for the County Commissioners of Onslow County. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 36, a bill to amend the charter of the city of Mount Holly so as to 
create a city council consisting of five members. 

Upon motion of Senator J. White of Cleveland the Committee amend- 
ment is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
sent to the House of Representatives for concurrence in the Senate amend- 
ment. 

H. B. 43, a bill repealing Chapter 5 of the 1965 Session Laws and amend- 
ing a portion of Section 1 of Chapter 34 of the 1953 Session Laws of 
North Carolina to revise and establish ward boundary lines of the city of 
Gastonia. 

Passes its second and third readings and is ordered enrolled. 

H. B. 144, a bill relating to terms and election of officials of the town of 
Wade in Cumberland County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 154, a bill to amend Chapter 508 of the Session Laws of 1947 so as 
to permit Harnett County to release certain restrictions on hospital property. 

Passes its second and third readings and is ordered enrolled. 

H. B. 179, a bill to amend Sections 105-306(26); 105-308; 105-309 and 
105-310 of the General Statutes of North Carolina in order to authorize the 
boards of county commissioners of Jackson, Transylvania and Swain 
counties to prescribe regulations relating to the listing of property for 
taxation in those counties. 

Passes its second and third readings and is ordered enrolled. 

H. B. 201, a bill to amend Chapter 598 of the Session Laws of 1967 
authorizing use of non-tax revenues for recreational purposes in Mecklen- 
burg County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 217, a bill authorizing the Pamlico County Board of Education to 
convey to Hobucken Community Development, Inc. a portion of the 
Hobucken School site on which the Hobucken School Teacherage building is 
located for use as a community center. 

Passes its second and third readings and is ordered enrolled. 

H. B. 222, a bill to amend Chapter 402 of the Session Laws of 1947 re- 
lating to the establishment of Winston-Salem Firemen's Retirement Fund 
Association. 

Passes its second and third readings and is ordered enrolled. 

H. B. 246, a bill to amend Chapter 119 of the Private Laws of 1913 by 
increasing the number of town commissioners in Norlina from three to 
five. 

Passes its second and third readings and is ordered enrolled. 



178 SENATE JOURNAL [Session 

H. B. 249, a bill to make applicable to the town of Glen Alpine the 
provisions of General Statutes 105-422 relating to the limitation of actions 
on tax liens. 

Passes its second and third readings and is ordered enrolled. 

H. B. 255, a bill to create the office of director of finance in Cleveland 
County. 

Passes its second and third readings and is ordered enrolled. 

S. B. 106, a bill to provide for the certification of the existence and 
amounts of assessment liens against real property. 

The bill passes its second reading. 

Upon objection of Senator Gurganus to its third reading, the bill remains 
on the Calendar. 

S. B. 149, a bill to amend Chapter 136 of the General Statutes to require 
the State Highway Commission to mark paved roads with center and 
pavement edge lines. 

Upon motion of Senator Rauch consideration of the bill is postponed 
until Tuesday, March 18, 1969. 

S. B. 180, a bill to amend Chapter 160 of the General Statutes relating to 
municipal corporations, so as to exclude Catawba County from the pro- 
visions of Part 2 and Part 3 of the Article providing for the extension of 
corporate limits. 

Upon motion of Senator J. White of Cleveland, the bill is re-referred to 
the Committee on Local Government. 

S. B. 191, a bill enabling municipalities to finance redevelopment pro- 
grams on an annual basis. 

Upon motion of Senator McGeachy consideration of the bill is postponed 
until Wednesday, March 19, 1969. 

H. B. 158, a bill to amend General Statutes 20-116(d) pertaining to the 
size of vehicles and extending the length of certain trucks. 

Upon motion of Senator Harrington consideration of the bill is postponed 
until Wednesday, March 19, 1969. 

Upon motion of Senator Bailey, the Senate adjourns to meet tomorrow 
at 12 M. 



FIFTY-FOURTH DAY 

Senate Chamber, 
Tuesday, March 18, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Paul K. Ausley, Pastor of the First 
Presbyterian Church, Kings Mountain. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and is 
found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 



1969] SENATE JOURNAL 179 

Upon motion of Senator Flaherty, the courtesies of the galleries are 
extended to the Junior and Senior Classes of the North Carolina School for 
the Deaf at Morganton. 

Upon motion of Senator S. Warren of Sampson, the courtesies of the 
galleries are extended to the seventh and eighth grades of exceptionally 
talented children of the Union School in Sampson County, and to their 
teacher, Mrs. Cornelius Matthews. 

Upon motion of Senators Edwards, Bowles and Murrow, the courtesies 
of the galleries are extended to Mr. Chuck Whitehurst, President, and a 
delegation of fifteen members of the Greensboro Jaycees. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Kirby, for the Committee on Higher Education: 

H. B. 13, a bill to amend General Statutes 116-46.3 relating to participa- 
tion in sixth-year program of graduate instruction for superintendents, 
assistant superintendents, and principals of public schools, with a favorable 
report. 

H. B. 188, a bill to amend North Carolina General Statutes 116-45(5) 
defining the primary purpose of Elizabeth City State College, Fayetteville 
State College, and Winston-Salem State College, with a favorable report. 

H. B. 193, a bill to amend North Carolina General Statute 116-45(2) 
denning the primary purpose of Pembroke State College, with a favorable 
report. 

By Senator Boger, for the Committee on Judiciary No. 2: 

S. B. 95, a bill to rewrite General Statutes 28-174, relating to damages 
recoverable for death by wrongful act, with a favorable report. 

By Senator Staton, for the Committee on Manufacturing, Labor and 
Commerce: 

S. B. 105, a bill to amend the Minimum Wage Act, with a favorable 
report. 

Upon motion of Senator Staton, the bill is placed upon today's Calendar. 

H. B. 155, a bill to amend the General Statutes with regard to physicians 
qualified to treat workmen's compensation claimants in North Carolina, 
with a favorable report, as amended. 

By Senator James, for the Committee on Public Health: 

S. B. 181, a bill to amend General Statutes 130-13, so as to increase the 
membership of the Robeson County Board of Health, with a favorable 
report. 

S. J. R. 195, a joint resolution urging the Appropriations Committees to 
fully review and act favorably upon the "B" budget requests of the 
University of North Carolina School of Medicine for the means to develop 
and expand programs relating to community medical care, special educa- 
tion for North Carolina students, and family physician education, with a 
favorable report. 



180 SENATE JOURNAL [Session 

Upon motion of Senator James, the bill is re-referred to the Committee 
on Appropriations. 

S. J. R. 201, a joint resolution authorizing and directing the Legislative 
Research Commission to study North Carolina's health manpower needs, 
measures to increase the supply, and means to accomplish indicated changes 
in the health care system, with a favorable report. 

Upon motion of Senator James, the bill is re-referred to the Committee 
on Appropriations. 

By Senator Ellis, for the Committee on Judiciary No. 1: 

H. B. 135, a bill to repeal General Statutes 15-162.1, relating to a plea 
of guilty in first degree murder, first degree burglary, arson, and rape, 
with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator McGeachy: S. B. 240, a bill to amend Chapters 160 and 97 
of the General Statutes to authorize municipalities to establish auxiliary 
police departments and to provide workmen's compensation benefits to the 
members thereof. 

Referred to Committee on Local Government. 

By Senator Bryan: S. B. 241, a bill authorizing the Wilkes County Board 
of Education to convey certain real property. 

Referred to Committee on Education. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 206, a bill to revise and consolidate the charter of the city of 
Wilson and to repeal prior charter acts. 

Referred to Committee on Local Government. 

H. B. 229, a bill repealing Chapter 602 of the Session Laws of 1963 
limiting the amount of school bonds which might be authorized for the 
county of Cabarrus and fixing such limitation for said county within the 
provisions of the County Finance Act. 

Referred to Committee on Local Government. 

H. J. R. 342, a joint resolution relative to a correction in Resolution 1 
of the 1969 General Assembly. 

Referred to Committee on Rules and Operation of the Senate. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 106, a bill to provide for the certification of the existence and 
amounts of assessment liens against real property, upon third reading. 



1969] SENATE JOURNAL 181 

Senator Boger offers an amendment which is adopted. 

The bill, as amended, passes its third reading and is ordered engrossed 
and sent to the House of Representatives. 

S. B. 149, a bill to amend Chapter 136 of the General Statutes to require 
the State Highway Commission to mark paved roads with center and 
pavement edge lines. 

Upon motion of Senator Henley, the bill is re-referred to the Committee 
on Appropriations. 

H. B. 271, a bill to amend Article 50, Chapter 106, of the General Statutes 
so as to provide for ballots by mail in referendums among producers of 
agricultural products on the question of self-assessment programs. 

Senator Wood offers an amendment which is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
sent to the House of Representatives, for concurrence in the Senate amend- 
ment. 

S. B. 105, a bill to amend the Minimum Wage Act. 

Upon motion of Senator Staton, consideration of the bill is postponed 
indefinitely. 

Upon motion of Senator Joyner, the Senate adjourns to meet tomorrow 
at 12 M. 



FIFTY-FIFTH DAY 

Senate Chamber, 
Wednesday, March 19, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and is 
found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

Upon motion of Senator Scott, the President extends the courtesies of 
the galleries to nineteen pupils of the seventh grade of the Mebane Middle 
School, Mebane, and to their teacher, Mrs. Roy Cantrell. 

The President extends the courtesies of the galleries to former Senators 
Dallas Alford of Nash County, and J. Max Thomas of Union County, and 
to former Representative Sneed High of Cumberland County. 

The President extends the courtesies of the galleries to Mrs. Bruce B. 
Briggs, wife of the Senator from Madison County, and to Mrs. Briggs' 
mother, Mrs. S. H. Miller of Waynesville. 

The President grants leave of absence to Senators Allen and James for 
today. 

Upon motion of Senator Griffin, the rules of the Senate are suspended 
to permit the National President of the Veterans of Foreign Wars, Richard 
W. Homan, to address the Senate. The President appoints Mr. Jake Nurkin, 



182 SENATE JOURNAL [Session 

a members of the Sergeant at Arms staff of the House of Representatives 
and also a member of the Veterans of Foreign Wars, to escort Commander 
Homan to the well of the Senate where he speaks briefly regarding the 
nation's commitment to its war veterans. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary of 
State: 

H. J. R. 30, a joint resolution congratulating the basketball team of the 
University of North Carolina. 

H. B. 43, an act repealing Chapter 5 of the 1965 Session Laws and 
amending a portion of Section 1 of Chapter 34 of the 1953 Session Laws of 
North Carolina to revise and establish ward boundary lines of the city of 
Gastonia. 

H. B. 144, an act relating to terms and election of officials of the town 
of Wade in Cumberland County. 

H. B. 154, an act to amend Chapter 508 of the Session Laws of 1947 so 
as to permit Harnett County to release certain restrictions on hospital 
property. 

H. B. 179, an act to amend Sections 105-306(26); 105-308; 105-309 and 
105-310 of the General Statutes of North Carolina in order to authorize the 
Boards of County Commissioners of Jackson, Transylvania and Swain 
Counties to prescribe regulations relating to the listing of property for 
taxation in those counties. 

H. B. 201, an act to amend Chapter 598 of the Session Laws of 1967 
authorizing use of nontax revenues for recreational purposes in Mecklen- 
burg County. 

H. B. 217, an act authorizing the Pamlico County Board of Education to 
convey to Hobucken Community Development, Inc. a portion of the 
Hobucken School site on which the Hobucken School Teacherage building 
is located for use as a community center. 

H. B. 222, an act to amend Chapter 402 of the Session Laws of 1947 re- 
lating to the establishment of Winston-Salem Firemen's Retirement Fund 
Association. 

H. B. 246, an act to amend Chapter 119 of the Private Laws of 1913 by 
increasing the number of town commissioners in Norlina from three to five. 

H. B. 249, an act to make applicable to the town of Glen Alpine the pro- 
visions of General Statutes 105-422 relating to the limitation of actions on 
tax liens. 

H. B. 241, an act to require skin divers to display a warning flag as 
approved by the Underwater Society of America. 

H. B. 255, an act to create the office of Director of Finance in Cleveland 
County. 

H. B. 175, an act to provide that the issuance of bonds after a bond 
order takes effect shall be extended by the period of time within which such 
bonds could not be issued because of litigation. 



1969] SENATE JOURNAL 183 

S. B. 40, an act to exempt the North Carolina Symphony Society, 
Incorporated, from certain privilege license taxes. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Henley, for the Committee on State Government: 

H. B. 132, a bill to extend the corporate existence of Confederate Woman's 
Home, with a favorable report. 

By Senator Edwards, for the Committee on Insurance: 

S. B. 172, a bill to control certain acquisitions of or offers to acquire 
capital stock of domestic insurance companies or insurance holding com- 
panies and payment of dividends to insurance holding companies that 
would substantially weaken insurance companies' financial soundness, with 
an unfavorable report. 

By Senator S. Warren of Sampson, for the Committee on Banking: 

S. B. 210, a bill to amend General Statutes 147-69.1 relating to the in- 
vestment of surplus funds of the State, with a favorable report. 

H. B. 152, a bill to amend General Statutes 24-8 which permits an 8% 
interest rate, so as to include foreign or domestic real estate investment 
trusts, with a favorable report. 

By Senator J. White of Cleveland, for the Committee on Local Govern- 
ment: 

S. B. 224, a bill authorizing Johnston County to levy Special Purpose 
Taxes for certain purposes, with a favorable report. 

S. B. 225, a bill to amend General Statutes 153-10.1 to authorize the 
Board of County Commissioners of Johnston County to regulate garbage 
disposal, with a favorable report. 

S. B. 231, a bill extending the jurisdiction of the police officers of the 
city of Morganton in Burke County, with a favorable report. 

S. B. 232, a bill to establish a supplementary pension fund for firemen 
in the town of Elkin, with a favorable report. 

Upon motion of Senator Folger, consideration of the bill is postponed 
until Friday, March 21, 1969. 

S. B. 236, a bill to provide a supplemental retirement fund for firemen 
in the city of Clinton and to modify the application of General Statutes 
118-5, 118-6 and 118-7 to the city of Clinton, with a favorable report. 

S. B. 239, a bill to provide procedures for election of mayor and board of 
commissioners of the town of Franklinville, with a favorable report. 

H. B. 200, a bill amending the charter of the town of Littleton to remove 
limitation on value of estate and property, with a favorable report. 

H. B. 261, a bill amending Chapter 1073 of the Session Laws of 1959, 
relating to the issuance of pistol permits, so as to make the same ap- 
plicable to Jones County, with a favorable report. 



184 SENATE JOURNAL [Session 

H. B. 270, a bill to fix the compensation of the chairman and members 
of the board of county commissioners of Currituck County, with a favorable 
report. 

H. B. 274, a bill to authorize the governing body of the town of Maxton, 
North Carolina, to appoint a city manager and to prescribe his powers and 
duties, with a favorable report. 

By Senator Norton, for the Committee on Election Laws: 

S. B. 215, a bill to amend Chapter 163 of the General Statutes so as to 
permit blind voters to select assistance without restriction, with a favorable 
report. 

Senate Committee substitute for H. B. 174, a bill to amend General 
Statutes 163-20 and General Statutes 163-31 regarding the oath of office 
and the time of the meeting of county boards of elections, with an un- 
favorable report as to bill, favorable as to committee substitute bill. 

Upon motion of Senator Norton the substitute bill is placed on today's 
Calendar. 

H. B. 253, a bill to amend the charter of the town of Edenton, Chapter 
1013 of the Session Laws of North Carolina of 1961 to eliminate the 
requirement for a separate polling place in each of the several wards at 
municipal elections, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senators Coggins and Bailey: S. B. 242, a bill relating to the sale or 
distribution of harmful materials to minors. 

Referred to Committee on Judiciary No. 1. 

By Senator West: S. B. 243, a bill pertaining to the salaries of the sheriff 
and register of deeds of Cherokee County. 

Referred to Committee on Local Government. 

By Senators Maxwell and Bailey: S. B. 244, a bill to authorize the 
transfer of county prisoners to the State Department of Correction when 
county jail facilities are insufficient and inadequate, and to authorize the 
Council of State to assist the counties in paying the cost theerof in certain 
cases. 

Referred to Committee on Correctional Institutions and Law Enforce- 
ment. 

By Senator Staton: S. B. 245, a bill to amend Chapter 134 of the Session 
Laws of 1967 relating to vacancies occurring on the board of trustees of 
the Sanford Graded School District. 

Referred to Committee on Education. 

By Senators Nielson and Bagnal: S. J. R. 246, a joint resolution honoring 
Atkins High School of Winston-Salem for winning the North Carolina 4-A 
Basketball Championship. 

Upon motion of Senator Nielson the rules are suspended and the resolu- 
tion is placed upon its immediate passage. 



1969] SENATE JOURNAL 185 

Passes its second and third readings and is ordered sent to the House of 
Representatives by special messenger. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 30, a bill to amend Chapter 105 of the General Statutes, relating 
to income tax, so as to exclude from gross income certain local law 
enforcement officers' retirement benefits. 

Referred to Committee on Finance. 

H. B. 220, a bill to establish the hunting season for bear, deer and 
squirrel in the counties of Duplin, Onslow and Pender. 

Referred to Committee on Wildlife. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 95, a bill to rewrite General Statutes 28-174, relating to damages 
recoverable for death by wrongful act. 

Senators Burney, L. Warren of Wayne, Bailey, McGeachy and Wood 
debate the bill. 

Senator Burney calls the previous question. 

The motion prevails. 

Upon the passage of the bill on its second reading Senator Bailey calls 
for the "ayes" and "noes". 

The call is sustained. 

The bill passes its second reading by roll call vote, ayes 29, noes 17, as 
follows: 

Those voting in the affirmative are: Senators Boger, Briggs, Bryan, 
Burney, Edwards, Ellis, Flaherty, Folger, Griffin, Gurganus, Harrington, 
Henley, Johnson, Kirby, Larkins, Maxwell, McGeachy, Nielson, Patterson, 
Penn, Poovey, Rauch, Reed, Robinson, Sapp, Scott, Staton, S. Warren of 
Sampson, V. White of Pitt— 29. 

Those voting in the negative are: Senators Bagnal, Bailey, Bowles, 
Coggins, Currie, Dent, Evans, Joyner, MacLean, Moore, Murrow, Norton, 
Saunders, L. Warren of Wayne, West, Wilkie, Wood — 17. 

Senator Allsbrook votes "present". 

The following pair is announced. Senators J. White of Cleveland "aye", 
Allen "no". 

Upon objection of Senator L. Warren of Wayne to its third reading, the 
bill remains upon the Calendar. 

S. B. 181, a bill to amend General Statutes 130-13, so as to increase the 
membership of the Robeson County Board of Health. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 



186 SENATE JOURNAL [Session 

Senate Committee substitute for H. B. 174, a bill to amend General 
Statutes 163-30 and General Statutes 163-31 regarding the oath of office 
and the time of the meeting of county boards of elections. 

Upon motion of Senator Norton the committee substitute is adopted, 
and the bill remains upon the Calendar. 

Upon motion of Senator Henley, the Senate adjourns to meet tomorrow 
morning at 12 M. 



FIFTY-SIXTH DAY 

Senate Chamber, 
Thursday, March 20, 1969. 

The Senate meets pursant to adjournment, and in the absence of Lieu- 
tenant Governor H. Patrick Taylor, Jr. is presided over by President Pro 
Tempore N. Hector McGeachy, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the 
Senate. 

Senator Moore for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

The President extends the courtesies of the floor to former Senator LeRoy 
Simmons of Duplin County. 

The President extends the courtesies of the galleries to Mrs. Albert J. 
Ellis, wife of the Senator from Onslow County, and to a group of ladies 
from Jacksonville and Camp Lejeune accompanying her. 

Upon motion of Senator Staton, the President extends the courtesies of 
the galleries to the seventh grade of Sanford Middle School, Sanford, and 
to their teacher Mrs. Sarah Holder. 

Upon motion of Senator Robinson, the President extends the courtesies 
of the galleries to the Waccamaw High School basketball team and to their 
coach, Mr. James R. Dent. 

The President extends the courtesies of the galleries to Girl Scout Troop 
358 of Wadesboro and to their leader, Mrs. Joe Clarkson. 

Upon motion of Senator Griffin, the courtesies of the galleries are ex- 
tended to Girl Scout Troop 299 and to the eighth grade of Vance Academy, 
both of Henderson, and to Mrs. Eleanor Wester, Mrs. Billy Williams, Mrs. 
Charles Anderson and Mr. Robert Bobbitt accompanying them. 

Upon motion of Senator Joyner, the President extends the courtesies of 
the galleries to Mr. Robert Trexler, a member of the faculty of Gardner- 
Webb College, Boiling Springs. 

The President grants leave of absence to Senator Rauch for today and 
for tomorrow, March 21, 1969. 

The President grants leave of absence to Senator Bowles for tomorrow, 
March 21, 1969. 



1969] SENATE JOURNAL 187 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Currie, for the Committee on Alcoholic Beverage Control: 

S. B. 53, a bill to permit a referendum in municipalities concerning the 
sale of alcoholic beverages, with a favorable report, as amended. 

S. B. 213, a bill to authorize a referendum in the town of Garland on 
alcoholic beverage control stores, with a favorable report. 

H. B. 63, a bill to amend Chapter 199, Session Laws of 1965, to allocate 
the profits earned by the city of Rockingham Board of Alcoholic Control 
and to provide for the appointment of members of the board, with a 
favorable report. 

H. B. 147, a bill to amend General Statutes 18-45(8) to authorize ABC 
Boards to sell at public auction real and personal property, with a favorable 
report. 

H. B. 264, a bill to authorize a referendum in the town of Aberdeen on 
alcoholic beverage control stores and the sale of beer and wine, with a 
favorable report. 

By Senator Moore, for the Committee on Wildlife: 

H. B. 169, a bill relating to hunting from public roads in Duplin and 
Pender Counties, with a favorable report, as amended. 

H. B. 254, a bill to close temporarily the bear season in a portion of Gates 
County, with a favorable report. 

H. B. 263, a bill to prohibit the taking of wildlife at night with the aid 
of an artificial light from or through the use of any conveyance, with a 
favorable report. 

By Senator Evans, for the Committee on Education: 

S. B. 241, a bill authorizing the Wilkes County Board of Education to 
convey certain real property, with a favorable report. 

S. B. 245, a bill to amend Chapter 134 of the Session Laws of 1967 re- 
lating to vacancies occurring on the board of trustees of the Sanford 
Graded School District, with a favorable report. 

H. B. 176, a bill to repeal Chapter 1113 of the 1967 Session Laws pro- 
viding for the non-partisan election of the Henderson County Board of 
Education and the extension of the terms of office of the members of the 
Henderson County Board of Education so as to provide for the non-partisan 
election of the entire membership of the Henderson County Board of Edu- 
cation at the 1970 regular general county election, with a favorable report. 

H. B. 266, a bill to authorize the Vance County Board of Education to 
convey certain surplus property to the county of Vance, with a favorable 
report. 

H. B. 287, a bill to eliminate the requirement that not more than two 
members of the Orange County Board of Education may reside in any one 
township of the county, with a favorable report. 



188 SENATE JOURNAL [Session 

S. B. 162, a bill to authorize the Thomasville City Board of Education to 
acquire certain land for a school site and to authorize purchase and pay- 
ment of same on an installment basis, with a favorable report, as amended. 

By Senator Wood, for the Committee on Highway Safety: 

S. B. 192, a bill to amend General Statutes 20-289 (a) to increase those 
license fees which are placed in the Dealers'-Manufacturers' License Fund, 
with a favorable report. 

Upon motion of Senator Wood, the bill is re-referred to the Committee 
on Finance. 

S. B. 194, a bill to amend General Statutes 20-13(e) and General Statutes 
20-24(c) concerning the definition of conviction, with an unfavorable report. 

S. B. 218, a bill to require motor vehicles to be equipped with safe tires, 
with an unfavorable report as to bill, favorable report as to Committee 
Substitute bill. 

Upon motion of Senator Wood, the Committee Substitute bill is placed 
upon today's Calendar. 

S. B. 222, a bill to clarify General Statutes 20-28.1 relating to revocation 
of driving privileges of persons who drive while licenses are revoked or 
suspended, with a favorable report. 

S. B. 223, a bill to amend General Statutes 20-183.2(a) concerning the 
safety equipment inspection of small trailers, with a favorable report. 

S. B. 237, a bill to provide for a period of probation when a new driver's 
license is issued under the provisions of General Statutes 20-19(e), with a 
favorable report. 

By Senator Patterson, for the Committee on Personnel and Employment 
Programs: 

H. B. 232, a bill to provide a supplemental retirement fund for firemen 
in the city of Wilson and to modify the application of General Statutes 
118-5, General Statutes 118-6, and General Statutes 118-7, to the city of 
Wilson, with a favorable report. 

H. B. 244, a bill to establish a supplementary pension fund for firemen 
in the town of North Wilkesboro, with a favorable report. 

By Senator Ellis, for the Committee on Judiciary No. 1: 

H. B. 310, a bill to amend Section 160-25 of the General Statutes of 
North Carolina, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator J. White of Cleveland: S. B. 247, a bill relating to filling 
vacancies on boards of county commissioners. 

Referred to Committee on Local Government. 

By Senator J. White of Cleveland: S. B. 248, a bill authorizing boards 
of county commissioners to fix a date for their regular monthly meetings 
other than first Mondays. 

Referred to Committee on Local Government. 



1969] SENATE JOURNAL 189 

By Senator J. White of Cleveland: S. B. 249, a bill relating to the clerk 
to the board of county commissioners. 

Referred to Committee on Local Government. 

By Senator J. White of Cleveland: S. B. 250, a bill to amend Chapter 684 
of the Session Laws of 1947 relating to the charter of the city of Kings 
Mountain. 

Referred to Committee on Local Government. 

By Senator J. White of Cleveland: S. B. 251, a bill relating to meetings 
of the board of county commissioners. 

Referred to Committee on Local Government. 

By Senator J. White of Cleveland: S. B. 252, a bill revising Article 6A 
of Chapter 153 of the General Statutes of North Carolina concerning the 
salaries of county officers and employees. 

Referred to Committee on Local Government. 

By Senator Evans: S. B. 253, a bill to amend Chapter 18 of the General 
Statutes of North Carolina to provide additional revenue to be allocated 
for public educational purposes. 

Referred to Committee on Education. 

By Senator Evans: S. B. 254, a bill to amend Chapter 18 of the General 
Statutes of North Carolina to remove the limitation on purchase and trans- 
portation of fortified wine. 

Referred to Committee on Alcoholic Beverage Control. 

By Senator Evans: S. J. R. 255, a joint resolution requesting the De- 
partment of Motor Vehicles to change the numbering system currently 
employed in the issuance of official automobile registration plates to 
members of the General Assembly. 

Referred to Committee on Public Roads. 

By Senators Allsbrook and V. White of Pitt: S. B. 256, a bill to amend 
the charter of the city of Roanoke Rapids for the purpose of providing for 
the election of the mayor by the eligible voters of the city, and increasing 
the time for the registration of voters in said city elections. 

Referred to Committee on Local Government. 

By Senators Allsbrook, Larkins, Dent, Kirby and Flaherty: S. B. 257, a 
bill to establish the office of legislative comptroller responsible only to the 
General Assembly of North Carolina and to fix the powers and duties of 
such office. 

Referred to Committee on State Government. 

By Senators Larkins and V. White of Pitt: S. B. 258, a bill to amend 
Article 5, Chapter 105 of the General Statutes of North Carolina to provide 
for the levy of a statewide uniform one percent {l ( /< ) surtax upon the sales, 
use and other taxable transactions subject to the sales and use tax levied 
for State purposes and to allocate the proceeds of said surtax for the 
counties and municipalities of North Carolina. 

Referred to Committee on Finance. 

By Senator Flaherty: S. B. 259, a bill to amend General Statutes 160-453.1 
and General Statutes 160-453.17 relating to annexation by municipalities in 
Burke and Caldwell Counties. 



190 SENATE JOURNAL [Session 

Referred to Committee on Local Government. 

By Senators Bowles, Johnson, Kirby, Staton, Evans, J. White of Cleve- 
land, Reed, MacLean, Henley, Folger, Flaherty, Rauch, Ellis, Norton, Currie, 
Robinson, Edwards, McGeachy, Gurganus, V. White of Pitt, Boger, S. 
Warren of Sampson, Wood, Patterson and Seott: S. B. 260, a bill to pro- 
vide for the North Carolina Center for Alcoholic Studies. 

Referred to Committee on Mental Health. 

By Senators Bowles, Murrow and Edwards: S. J. R. 261, a joint resolu- 
tion honoring the life and memory of Philip J. Weaver, Superintendent of 
Greensboro City Schools. 

Upon motion of Senator Bowles, the rules are suspended and the resolu- 
tion is placed upon its immediate passage. 

Passes its second and third readings and is ordered sent to the House of 
Representatives, by special messenger. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 335, a bill to amend the charter of the city of Greensboro, the same 
being Chapter 37, Private Laws of 1923, as amended, and particularly as 
revised and reorganized by Chapter 1137, Session Laws of 1959, as amended. 

Referred to Committee on Judiciary No. 1. 

H. B. 357, a bill amending General Statutes 14-107 relating to the 
issuance of worthless checks and the punishment therefor so as to make 
certain provisions thereof relating to punishment effective in Brunswick 
County. 

Referred to Committee on Judiciary No. 2. 

H. J. R. 389, a joint resolution honoring the life and memory of Laurie 
McEachern, former member of the General Assembly. 

Upon motion of Senator Ellis, the rules are suspended and the resolution 
is placed upon its immediate passage. 

Passes its second and third readings and is ordered enrolled. 

H. J. R. 388, a joint resolution recognizing and congratulating the League 
of Women Voters for fifty years of service to good government. 

Upon motion of Senator Bailey, the rules are suspended and the resolu- 
tion is placed upon its immediate passage. 

Passes its second and third readings and is ordered enrolled. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 224, a bill authorizing Johnson County to levy special purpose 
taxes for certain purposes, upon second reading. 

The bill passes its second reading by roll call vote, ayes 44, noes 0, as 
follows: 



1969] SENATE JOURNAL 191 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, 
Edwards, Ellis, Evans, Flaherty, Griffin, Gurganus, Harrington, Henley, 
James, Johnson, Joyner, Kirby, Larkins, Maxwell, Moore, Murrow, Nielson, 
Patterson, Penn, Poovey, Reed, Robinson, Sapp, Saunders, Staton, S. Warren 
of Sampson, L. Warren of Wayne, West, J. White of Cleveland, V. White 
of Pitt, Wilkie, Wood— 44. 

S. B. 231, a bill extending the jurisdiction of the police officers of the 
city of Morganton in Burke County. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 239, a bill to provide procedures for election of mayor and board of 
commissioners of the town of Franklinville. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 200, a bill amending the charter of the town of Littleton to remove 
limitation on value of estate and property. 

Passes its second and third readings and is ordered enrolled. 

H. B. 253, a bill to amend the charter of the town of Edenton, Chapter 
1013 of the Session Laws of North Carolina, 1961, to eliminate the re- 
quirement for a separate polling place in each of the several wards at 
municipal elections. 

Passes its second and third readings and is ordered enrolled. 

H. B. 261, a bill amending Chapter 1073 of the Session Laws of 1959, 
relating to the issuance of pistol permits, so as to make the same ap- 
plicable to Jones County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 270, a bill to fix the compensation of the chairman and members 
of the board of county commissioners of Currituck County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 274, a bill to authorize the governing body of the town of Maxton, 
North Carolina, to appoint a city manager and to prescribe his powers and 
duties. 

Passes its second and third readings and is ordered enrolled. 

S. B. 95, a bill to rewrite General Statutes 28-174, relating to damages 
recoverable for death by wrongful act, upon third reading. 

Senator L. Warren of Wayne offers an amendment. 

Upon the adoption of the amendment Senator J. White of Cleveland calls 
for the "ayes" and "noes". 

The call is sustained. 

The amendment fails of adoption by roll call vote, ayes 18, noes 26, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 

Bailey, Bowles, Coggins, Currie, Evans, James, Joyner, Murrow, Poovey, 

Saunders, Scott, L. Warren of Wayne, J. White of Cleveland, Wilkie, 
Wood— 18. 



192 SENATE JOURNAL [Session 

Those voting in the negative are: Senators Boger, Briggs, Bryan, Burney, 
Dent, Edwards, Ellis, Flaherty, Griffin, Gurganus, Harrington, Henley, 
Johnson, Kirby, Larkins, Maxwell, Nielson, Norton, Patterson, Reed, Robin- 
son, Sapp, Staton, S. Warren of Sampson, West, V. White of Pitt — 26. 

The following pairs are announced: Senators Moore "aye", Folger "no"; 
MacLean "aye", Penn "no". 

Senator Coggins offers an amendment which fails of adoption. 

Upon the passage of the bill upon its third reading Senator J. White 
of Cleveland calls for the "ayes" and "noes". 

The call is sustained. 

The bill passes its third reading by roll call vote, ayes 28, noes 14, as 
follows: 

Those voting in the affirmative are: Senators Boger, Briggs, Bryan, 
Burney, Edwards, Ellis, Flaherty, Griffin, Gurganus, Harrington, Henley, 
James, Johnson, Kirby, Larkins, Maxwell, Nielson, Patterson, Poovey, 
Reed, Robinson, Sapp, Scott, Staton, S. Warren of Sampson, West, J. White 
of Cleveland, V. White of Pitt— 28. 

Those voting in the negative are: Senators Allen, Bagnal, Bowles, Coggins, 
Currie, Dent, Evans, Joyner, Murrow, Norton, Saunders, L. Warren of 
Wayne, Wilkie, Wood — 14. 

Senator Allsbrook votes "present". 

The following pairs are announced: Senators Rauch '"aye", Bailey "no"; 
Folger "aye", Moore "no"; Penn "aye", MacLean "no". 

The bill is ordered sent to the House of Representatives. 

S. B. 173, a bill to amend the Workmen's Compensation Act, regarding 
benefits. 

Upon motion of Senator Allsbrook, consideration of the bill is postponed 
until Tuesday, March 25, 1969. 

S. B. 191, a bill enabling municipalities to finance redevelopment pro- 
grams on an annual basis. 

Upon motion of Senator J. White of Cleveland, consideration of the bill is 
postponed until Tuesday, March 25, 1969. 

S. B. 210, a bill to amend General Statutes 147-69.1 relating to the 
investment of surplus funds of the State. 

Upon motion of Senator L. Warren of Wayne, consideration of the bill is 
postponed until Friday, March 21, 1969. 

S. B. 215, a bill to amend Chapter 163 of the General Statutes so as to 
permit blind voters to select assistance without restriction. 

Senator Gurganus offers an amendment which is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

H. B. 155, a bill to amend the General Statutes with regard to physicians 
qualified to treat workmen's compensation claimants in North Carolina. 

Upon motion of Senator Staton, consideration of the bill is postponed 
until Monday, March 24, 1969. 

S. B. 218, a bill to require motor vehicles to be equipped with safe tires. 



1969] SENATE JOURNAL 193 

Upon motion of Senator Wood, the Committee Substitute bill is adopted, 
and the bill remains upon the Calendar. 

Upon motion of Senator Bailey, the Senate adjourns to meet tomorrow 
morning at 10:00 o'clock. 



FIFTY-SEVENTH DAY 

Senate Chamber, 
Friday, March 21, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and is 
found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

The President extends the courtesies of the galleries to former Senator 
Fred Mclntyre of Charlotte. 

The President extends the courtesies of the galleries to Mrs. N. Hector 
McGeachy, Jr., wife of Senator McGeachy of Cumberland County, and to 
Mrs. Clyde M. Norton, wife of Senator Norton of McDowell County. 

Upon motion of Senator S. Warren of Sampson, the President extends 
the courtesies of the galleries to Mrs. Mae Trouglefield, Chairman of the 
Sampson County Democratic Women and to fourteen members of that 
organization. 

Upon motion of Senator Gurganus, the President extends the courtesies 
of the galleries to the fifth grade of the Eastern Elementary School, Wash- 
ington, and to their teacher, Mrs. Robert Keys, Jr. 

Upon motion of Senators Joyner and Poovey, the President extends the 
courtesies of the galleries to the seventh grade of Mountain View School, 
Hickory, and to their teachers, Mr. Allen Biggerstaff and Miss Patricia 
Wilson. 

Upon motion of Senator Kirby, the President extends the courtesies of 
the galleries to the eighth grade of Springfield Elementary School in Wilson 
County, and to their teachers, Messrs. Freeman and Ledbetter and Mrs. 
Bennett. 

Upon motion of Senators Allsbrook and V. White of Pitt, the President 
extends the courtesies of the galleries to the fourth grade of William L. 
Medlin School, Roanoke Rapids, and to their teachers, Mrs. Thelma Garris 
and Mrs. Jane Harmon. 

Upon motion of Senators Wood and Briggs, the President extends the 
courtesies of the galleries to Miss Kathryne Riddle and Mrs. Wilma Harris, 
teachers at Elizabeth City Central High School, Elizabeth City, and 
representatives from that school to Health Careers Congress, which is 
presently meeting in Raleigh. 

The President grants leave of absence to Senator Staton for today. 



194 SENATE JOURNAL [Session 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary of 
State: 

S. J. R. 246, a joint resolution honoring Atkins High School of Winston- 
Salem for winning the North Carolina 4-A Basketball Championship. 

S. B. 103, an act permitting citizens of this State to purchase rifles and 
shotguns in contiguous states and defining antique firearms. 

H. B. 36, an act to amend the charter of the city of Mount Holly so as 
to create a city council consisting of five members. 

S. B. 117, an act authorizing Person County to levy special purpose taxes 
for certain purposes. 

S. B. 143, an act to amend General Statutes 84-33 relating to the annual 
and special meetings of the North Carolina State Bar. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator McGeachy, for the Committee on Rules and Operation of the 
Senate: 

S. B. 160, a bill to fix the compensation and provide for certain legislative 
expenses of members of the General Assembly, with a favorable report. 

Upon motion of Senator McGeachy, the bill is placed on the Calendar for 
Tuesday, March 25, 1969. 

By Senator J. White of Cleveland, for the Committee on Local Govern- 
ment : 

S. B. 243, a bill pertaining to the salaries of the Sheriff and Register of 
Deeds of Cherokee County, with a favorable report. 

S. B. 250, a bill to amend Chapter 684 of the Session Laws of 1947 re- 
lating to the charter of the city of Kings Mountain, with a favorable report. 

S. B. 256, a bill to amend the charter of the city of Roanoke Rapids for 
the purpose of providing for the election of the mayor by the eligible 
voters of the city, and increasing the time for the registration of voters 
in said city elections, with a favorable report. 

H. B. 206, a bill to revise and consolidate the charter of the city of Wilson 
and to repeal prior Charter Acts, with a favorable report. 

H. B. 229, a bill repealing Chapter 602 of the Session Laws of 1963 
limiting the amount of school bonds which might be authorized for the 
county of Cabarrus and fixing such limitation for said county within the 
provisions of the County Finance Act, with a favorable report. 

H. B. 283, a bill to amend the Act relating to the authority of the 
Charlotte Firemen's Retirement System to invest in stock, with a favorable 
report. 

H. B. 284, a bill to amend the Charter of the city of Charlotte, with a 
favorable report. 



1969] SENATE JOURNAL 195 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator Patterson: S. B. 262, a bill to amend Chapter 96, General 
Statutes of North Carolina, as amended, known as the Employment Security 
Law to provide: to make General Statutes 96-4 (e) conform to General 
Statutes 138-5 with respect to per diem pay for members of State Boards, 
etc.; to modify law with respect to appeals from the Superior Court to 
higher courts to conform with the Judicial Department Act of 1965 (Chapter 
7 A of the General Statutes); State Treasurer's bond to cover unemploy- 
ment insurance fund; to clarify certain provisions of said Chapter by 
defining the words "Week," "Average Weekly Insured Wage," "Vacation 
Week," and "Partially Unemployed Week"; to modify contributions rate 
tables; to change eligibility requirements of claimants with • respect to 
vocational school and training programs and to provide disqualifications 
for failure to accept training without good cause, and further, to provide 
disqualifications for separation from such training courses without good 
cause or misconduct, and to provide no charge to the account of the em- 
ployers of any benefits paid to any claimant while attending training pro- 
grams or vocational schools; to modify benefit tables; certain privileged 
communications with respect to information given by claimants, and to 
further clarify certain provisions of said Chapter. 

Referred to Committee on Personnel and Employment Programs. 

By Senator Patterson: S. B. 263, a bill to make certain amendments to 
Chapter 135 of the General Statutes relating to the Teachers' and State 
Employees' Retirement System. 

Referred to Committee on Personnel and Employment Programs. 

By Senator Patterson: S. B. 264, a bill to amend Chapter 128 of the 
General Statutes relating to the Local Governmental Employees' Retire- 
ment System. 

Referred to Committee on Personnel and Employment Programs. 

By Senator Penn: S. B. 265, a bill to amend General Statutes 20-129(d) 
concerning rear lamps on small trailers. 

Referred to Committee on Highway Safety. 

By Senator Penn: S. B. 266, a bill authorizing the commissioners of 
Caswell County to execute warranty deeds. 

Referred to Committee on Judiciary No. 2. 

By Senators L. Warren of Wayne, Scott and Harrington: S. B. 267, a bill 
to amend the State Highway Bond Act of 1965, subject to a vote of the 
people of the State, to remove the four per centum maximum interest rate 
limitation with respect to State of North Carolina Highway Bonds. 

Referred to Committee on Public Roads. 

By Senator Allen: S. B. 268, a bill to authorize the governing board of 
the city of Roxboro to make street and sidewalk improvements and to 
specially assess the cost thereof without a petition. 

Referred to Committee on Local Government. 



196 SENATE JOURNAL [Session 

By Senator MacLean: S. B. 269, a bill relating to the classification, ap- 
praisal, valuation, assessment and taxation of land actively devoted to 
agricultural uses. 

Referred to Committee on Agriculture. 

By Senators Moore, Poovey, V. White of Pitt, Penn, McGeachy, S. Warren 
of Sampson and Folger: S. B. 270, a bill to amend General Statutes 
105-446.2 to provide that the Wildlife Resources Commission shall continue 
to be entitled to a portion of the net proceeds of gasoline taxes. 

Referred to Committee on Wildlife. 

By Senator McGeachy: S. J. R. 271, a joint resolution relative to a cor- 
rection in Senate Joint Resolution 1 of the 1969 General Assembly. 

Referred to Committee on Rules and Operation of the Senate. 

By Senators Nielson, Bagnal, Sapp, Briggs and Murrow: S. B. 272, a bill 
to amend the Constitution of North Carolina to provide for the approval 
or veto by the Governor of public bills passed by the General Assembly. 

Referred to Committee on Constitution. 

By Senators Moore, Wilkie, Kirby, Poovey, Allen, Flaherty, Patterson 
and Sapp: S. B. 273, a bill to accomplish the gradual reduction and elimina- 
tion of the Intangibles Tax. 

Referred to Committee on Finance. 

By Senator Penn: S. B. 274, a bill to amend General Statutes 20-129.1 
(4), (5), and (6) concerning required lights on small trailers. 

Referred to Committee on Highway Safety. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 52, a bill to allow the governing bodies of the several cities and 
towns of the State to fix their own compensation. 

Referred to Committee on Local Government. 

H. B. 142, a bill to amend General Statutes 20-17.1 (b), General Statutes 
20-23.1, General Statutes 20-141.3 (f), General Statutes 20-279.13 (c), General 
Statutes 20-279.14, and General Statutes 20-279. 16(b), to remove there- 
from provisions relative to furnishing proof of financial responsibility. 

Referred to Committee on Insurance. 

H. B. 288, a bill to amend General Statutes 18-57 so as to provide for the 
distribution of ABC Store Funds in Northampton County. 

Referred to Committee on Alcoholic Beverage Control. 

H. B. 314, a bill to amend General Statutes 147-69.1 relating to the in- 
vestment of surplus funds of the State. 

Upon motion of Senator L. Warren of Wayne, the rules are suspended 
and the bill is placed upon its immediate passage. 

Passes its second and third readings and is ordered enrolled. 

H. B. 324, a bill to enlarge the membership of the County Board of 
Education of Tyrell County from three members to five members. 



1969] SENATE JOURNAL 197 

Referred to Committee on Education. 

H. B. 356, a bill to amend the State Banking Laws. 

Referred to Committee on Banking. 

H. B. 376, a bill relating to the Fairmont City School Administrative 
Unit in Robeson County. 

Referred to Committee on Education. 

S. J. R. 227, a joint resolution honoring Dr. John Caldwell, for con- 
currence in House amendment. 

Upon motion of Senator Wood the Senate concurs in the House amend- 
ment and the bill is ordered enrolled. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 224, a bill authorizing Johnston County to levy Special Purpose 
Taxes for certain purposes, upon third reading. 

The bill passes its third reading by roll call vote, ayes 45, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Briggs, Bryan, Burney, Coggins, Currie, Edwards, Ellis, Evans, 
Folger, Griffin, Gurganus, Harrington, Henley, James, Johnson, Joyner, 
Kirby, Larkins, MacLean, Maxwell, McGeachy, Moore, Murrow, Nielson, 
Norton, Patterson, Penn, Poovey, Reed, Robinson, Sapp, Saunders, Scott, S. 
Warren of Sampson, L. Warren of Wayne, West, J. White of Cleveland, 
V. White of Pitt, Wilkie, Wood— 45. 

The bill is ordered sent to the House of Representatives. 

S. B. 162, a bill to authorize the Thomasville City Board of Education to 
acquire certain land for a school site and to authorize purchase and pay- 
ment of same on an installment basis, upon second reading. 

Upon motion of Senator Saunders the Committee amendment is adopted. 

The bill, as amended, passes its second reading by roll call vote, ayes 45, 
noes 0, as follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Briggs, Bryan, Burney, Coggins, Currie, Edwards, Ellis, Evans, 
Folger, Griffin, Gurganus, Harrington, Henley, James, Johnson, Joyner, 
Kirby, Larkins, MacLean, Maxwell, McGeachy, Moore, Murrow, Nielson, 
Norton, Patterson, Penn, Poovey, Reed, Robinson, Sapp, Saunders, Scott, S. 
Warren of Sampson, L. Warren of Wayne, West, J. White of Cleveland, 
V. White of Pitt, Wilkie, Wood— 45. 

The bill remains on the Calendar. 

S. B. 213, a bill to authorize a referendum in the town of Garland on 
alcoholic beverage control stores. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 232, a bill to establish a supplementary pension fund for firemen 
in the town of Elkin. 



198 SENATE JOURNAL [Session 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 241, a bill authorizing the Wilkes County Board of Education to 
convey certain real property. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 245, a bill to amend Chapter 134 of the Session Laws of 1967 
relating to vacancies occurring on the Board of Trustees of the Sanford 
Graded School District. 

Upon motion of Senator Reed consideration of the bill is postponed until 
Monday, March 24, 1969. 

H. B. 63, a bill to amend Chapter 199, Session Laws of 1965, to allocate 
the profits earned by the city of Rockingham Board of Alcoholic Control 
and to provide for the appointment of members to the Board. 

Passes its second and third readings and is ordered enrolled. 

H. B. 169, a bill relating to hunting from public roads in Duplin and 
Pender Counties. 

Upon motion of Senator S. Warren of Sampson the Committee amend- 
ment is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
sent to the House of Representatives for concurrence in the Senate amend- 
ment. 

H. B. 176, a bill to repeal Chapter 1113 of the 1967 Session Laws pro- 
viding for the non-partisan election of the Henderson County Board of 
Education and the extension of the terms of office of the members of the 
Henderson County Board of Education so as to provide for the non-partisan 
election of the entire membership of the Henderson County Board of Edu- 
cation at the 1970 regular general county election. 

Passes its second and third readings and is ordered enrolled. 

H. B. 232, a bill to provide a supplemental retirement fund for firemen 
in the city of Wilson and to modify the application of General Statutes 
118-5, General Statutes 118-6 and General Statutes 118-7 to the city of 
Wilson. 

Upon motion of Senator Kirby consideration of the bill is postponed until 
Tuesday, March 25, 1969. 

H. B. 244, a bill to establish a supplementary pension fund for firemen 
in the town of North Wilkesboro. 

Passes its second and third readings and is ordered enrolled. 

H. B. 254, a bill to close temporarily the bear season in a portion of 
Gates County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 264, a bill to authorize a referendum in the town of Aberdeen on 
alcoholic beverage control stores and the sale of beer and wine. 

Passes its second and third readings and is ordered enrolled. 

H. B. 266, a bill to authorize the Vance County Board of Education to 
convey certain surplus property to the county of Vance. 



1969] SENATE JOURNAL 199 

Passes its second and third readings and is ordered enrolled. 

H. B. 287, a bill to eliminate the requirement that not more than two 
members of the Orange County Board of Education may reside in any one 
township of the county. 

Passes its second and third readings and is ordered enrolled. 

S. B. 53, a bill to permit a referendum in municipalities concerning the 
sale of alcoholic beverages. 

Upon motion of Senator J. White of Cleveland the Committee amend- 
ments are adopted. 

Upon motion of Senator J. White of Cleveland consideration of the bill 
is postponed until Tuesday, March 25, 1969. 

S. B. 210, a bill to amend General Statutes 147-69.1 relating to the in- 
vestment of surplus funds of the State. 

Upon motion of Senator L. Warren of Wayne consideration of the bill 
is postponed indefinitely. 

Committee Substitute for S. B. 218, a bill to require motor vehicles to 
be equipped with safe tires. 

Upon motion of Senator Griffin consideration of the bill is postponed until 
Tuesday, March 25, 1969. 

S. B. 222, a bill to clarify General Statutes 20-28.1 relating to revocation 
of driving privileges of persons who drive while licenses are revoked or 
suspended. 

Upon motion of Senator Flaherty consideration of the bill is postponed 
until Monday, March 24, 1969. 

S. B. 223, a bill to amend General Statutes 20-183.2 (a) concerning the 
safety equipment inspection of small trailers. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 225, a bill to amend General Statutes 153-10.1 to authorize the 
Board of County Commissioners of Johnston County to regulate garbage 
disposal. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 236, a bill to provide a supplemental retirement fund for firemen 
in the city of Clinton and to modify the application of General Statutes 
118-5, 118-6 and 118-7 to the city of Clinton. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 237, a bill to provide for a period of probation when a new driver's 
license is issued under the provisions of General Statutes 20-19 (e). 

Upon motion of Senator Kirby consideration of the bill is postponed until 
Monday, March 24, 1969. 

H. B. 13, a bill to amend General Statutes 116-46.3 relating to participa- 
tion in sixth-year program of graduate instruction for superintendents, 
assistant superintendents and principals of public schools. 

Passes its second and third readings and is ordered enrolled. 



200 SENATE JOURNAL [Session 

H. B. 132, a bill to extend the corporate existence of Confederate 
Woman's Home. 

Passes its second and third readings and is ordered enrolled. 

H. B. 135, a bill to repeal General Statutes 15-162.1, relating to a plea 
of guilty in first degree murder, first degree burglary, arson and rape. 

Passes its second and third readings and is ordered enrolled. 

H. B. 147, a bill to amend General Statutes 18-45(8) to authorize ABC 
Boards to sell at public auction real and personal property. 

Passes its second and third readings and is ordered enrolled. 

Upon motion of Senator McGeachy, the Senate adjourns to meet to- 
morrow morning at 9:30 o'clock, at which time only Public Local bills will 
be considered and adjournment will be until Monday evening at 8 o'clock. 



FIFTY-EIGHTH DAY 

Senate Chamber, 
Saturday, March 22, 1969. 

The Senate meets pursuant to adjournment, and in the absence of 
Lieutenant Governor H. Patrick Taylor, Jr. and President Pro Tempore N. 
Hector McGeachy, Jr., the Principal Clerk, Roy Rowe, calls Senator Coggins 
to the Chair who calls the Senate to order and presides during the Session. 

Prayer is offered by Senator Coggins. 

Senator Bailey for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and found to 
be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

Upon motion of Senator Bailey, the Senate adjourns to meet Monday 
evening at 8 o'clock. 



FIFTY-NINTH DAY 

Senate Chamber, 
Monday, March 24, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the 
Senate. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of Saturday has been examined and 
is found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

The President extends the courtesies of the galleries to Mr. John Snow 
and thirty-eight brothers of Timberlake Chapter of Phi Alpha Delta, law 
fraternity of the Wake Forest University School of Law. 



1969] SENATE JOURNAL 201 

Upon motion of Senators Bailey and Coggins, the courtesies of the 
galleries are extended to Mrs. Preston Edsell, President of the Wake 
County Democratic Women. 

Upon motion of Senator Scott, the President extends the courtesies of the 
galleries to Boy Scout Troop 17 of Burlington and to their leader, Mr. Kelly 
Joyner. 

Upon motion of Senator L. Warren of Wayne, the courtesies of the 
galleries are extended to Girl Scout Cadet Troop 37 of Goldsboro and their 
leaders, Mrs. W. Powell Bland and Mrs. John Weyher. 

The President extends the courtesies of the galleries to Mrs. Lindsay C. 
Warren, Jr., wife of Senator Warren of Wayne County; to Mrs. J. Ruffin 
Bailey, wife of Senator Bailey of Wake County; to Mrs. John T. Henley, 
wife of Senator Henley of Cumberland County; to Mrs. Marshall A. Rauch, 
wife of Senator Rauch of Gaston County; to Mrs. Jack H. White, wife of 
Senator White of Cleveland County; to Mrs. Janet Tate, registered nurse 
for the Kings Mountain City Schools; and to Mrs. Thomas J. White of 
Kinston. 

The President recognizes Mrs. Lucy Daniels Inman and Mrs. Robert 
Blades, members of the Junior League of Raleigh, who are accompanied by 
Dr. Irving Schulman, Associate Director of the Irving Schwartz Institute, 
Philadelphia, and Dr. Stonewall Stickney, Director of the Alabama Depart- 
ment of Mental Health. Both Dr. Schulman and Dr. Stickney will speak at 
the Forum on the Emotionally Disturbed Child in North Carolina which will 
be held at the Raleigh Memorial Auditorium on Tuesday, March 25, 1969, 
under the auspices of the Raleigh Junior League. 

The President grants leave of absence to Senator Dent for tonight, and 
to Senator Currie for tomorrow, March 25, 1969. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary of 
State: 

H. J. R. 388, a joint resolution recognizing and congratulating the League 
of Women Voters for fifty years of service to good government. 

H. J. R. 389, a joint resolution honoring the life and memory of Laurie 
McEachern, former member of the General Assembly. 

S. J. R. 261, a joint resolution honoring the life and memory of Philip J. 
Weaver, Superintendent of the Greensboro City Schools. 

S. B. 72, an act amending the North Carolina Seed Law so as to provide 
an alternative method for collecting funds under said act. 

H. B. 200, an act amending the charter of the town of Littleton to remove 
limitation on value of estate and property. 

H. B. 274, an act to authorize the governing body of the town of Maxton, 
North Carolina, to appoint a city manager and to prescribe his powers and 
duties. 

H. B. 253, an act to amend the charter of the town of Edenton, Chapter 
1013 of the Session Laws of North Carolina, 1961, to eliminate the require- 



202 SENATE JOURNAL [Session 

ment for a separate polling place in each of the several wards at municipal 
elections. 

H. B. 261, an act amending Chapter 1073 of the Session Laws of 1959, 
relating to the issuance of pistol permits, so as to make the same applicable 
to Jones County. 

H. B. 270, an act to fix the compensation of the chairman and members 
of the board of county commissioners of Currituck County. 

H. B. 271, an act to amend Article 50, Chapter 106, of the General 
Statutes so as to provide for ballots by mail in referendums among pro- 
ducers of agricultural products on the question of self-assessment programs. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator Kirby: S. B. 275, a bill to amend General Statutes 20-17.1 (b), 
General Statutes 20-23.1, General Statutes 20-141.3 (f), General Statutes 
20-279.13(c), General Statutes 20-279.14, and General Statutes 20-279.16(b), 
to remove therefrom provisions relating to furnishing proof of financial 
responsibility. 

Referred to Committee on Insurance. 

By Senator Kirby: S. B. 276, a bill to amend General Statutes 20-146 (b) 
to require vehicles to be driven in the right-hand lane, or as close as 
practicable to the right-hand curb. 

Referred to Committee on Highway Safety. 

By Senators Burney and S. Warren of Sampson: S. B. 277, a bill to ap- 
propriate funds to the North Carolina Department of Agriculture for the 
establishment of a research station emphasizing sweet potatoes, vegetable 
crops, and small fruits, to serve North Carolina, and to be located in one 
of the southeastern counties named herein. 

Referred to Committee on Appropriations. 

By Senator V. White of Pitt: S. B. 278, a bill to amend Chapter 36 of 
Session Laws of 1965 relating to the corporate limits of the town of 
Farmville. 

Referred to Committee on Local Government. 

By Senator V. White of Pitt: S. B. 279, a bill to provide for an election 
in the town of Farmville on the question of amending the town charter to 
establish the office of town manager. 

Referred to Committee on Local Government. 

By Senator Bailey: S. B. 280, a bill amending General Statutes 55-67(b) 
relating to the voting of corporate stock. 

Referred to Committee on Judiciary No. 1. 

By Senators Allsbrook and V. White of Pitt: S. B. 281, a bill appropri- 
ating funds to the Department of Conservation and Development for the 
construction and equipping of a forestry headquarters building in Warren 
County. 

Referred to Committee on Appropriations. 



1969] SENATE JOURNAL 203 

By Senator Allsbrook: S. B. 282, a bill providing for the determination 
of the tenure of office for members of the city council of the city of 
Roanoke Rapids. 

Referred to Committee on Local Government. 

By Senator Harrington: S. B. 283, a bill appropriating funds to the 
North Carolina State University Agricultural Experiment Station for sup- 
port of research in the Biological and Agricultural Engineering Department 
for protection of tobacco products. 

Referred to Committee on Appropriations. 

By Senator Poovey: S. B. 284, a bill to amend General Statutes 20-20 to 
clarify the same relative to a chauffeur's license. 

Referred to Committee on Highway Safety. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 50, a bill authorizing the board of county commissioners of the 
several counties of the State to fix their compensation. 

Referred to Committee on Local Government. 

H. B. 66, a bill to set forth the offense of assault with a deadly weapon 
upon a law enforcement officer or fireman and provide for punishment for 
violation thereof. 

Referred to Committee on Judiciary No. 1. 

H. B. 223, a bill to amend Chapter 7A of the General Statutes so as to 
increase the uniform jail fees to three dollars. 

Referred to Committee on Courts and Judicial Districts. 

H. B. 237, a bill to authorize any county operating an ambulance service 
to appoint an ambulance commission and delegate powers thereto. 

Referred to Committee on Local Government. 

H. B. 238, a bill to amend Chapter 887 of the Session Laws of 1947 to 
provide a one per cent (l r /r) discount upon certain ad valorem tax pre- 
payments. 

Referred to Committee on Local Government. 

H. B. 291, a bill abolishing the salary of the constable of Henderson 
Township in Vance County. 

Referred to Committee on Courts and Judicial Districts. 

H. B. 292, a bill to amend Chapter 215 of the Public Local Laws of 1931, 
relating to fox hunting in Hoke and other counties so as to exempt Hoke 
County from the provisions of said act. 

Referred to Committee on Wildlife. 

H. B. 295, a bill to amend General Statutes 105-345, fixing discounts for 
prepayment of taxes in Stokes County. 

Referred to Committee on Local Government. 

H. B. 311, a bill to amend General Statutes 153-5 to provide for staggered 
terms of office for the county commissioners of Onslow County. 



204 SENATE JOURNAL [Session 

Referred to Committee on Local Government. 

H. B. 325, a bill prohibiting the hunting of game animals with dogs 
between March 1 and October 15 in Beaufort County. 

Referred to Committee on Local Government. 

H. B. 312, a bill amending Chapter 146 of the Public Local Laws of 1941 
so as to provide that the members of the Utilities Commission of the city 
of Greenville may fix their salaries, subject to designated limits. 

Referred to Committee on Local Government. 

H. B. 348, a bill to amend Chapter 20 of the General Statutes by placing 
therein a new definition of resident. 

Referred to Committee on Judiciary No. 2. 

H. B. 326, a bill to extend the territorial jurisdiction of the police depart- 
ment of the town of Manteo in Dare County. 

Referred to Committee on Local Government. 

H. B. 346, a bill to amend General Statutes 153-10.1, relating to removal 
and disposal of trash, garbage, etc., so as to make said section applicable to 
Rockingham County. 

Referred to Committee on Local Government. 

H. B. 351, a bill to amend Chapter 324 of the Session Laws of North 
Carolina, 1961, being the charter of the town of Elon College relating to 
the adoption of ordinances and resolutions. 

Referred to Committee on Local Government. 

H. B. 362, a bill to amend the charter of Lincolnton to increase the 
salary of the mayor and aldermen and to designate Lincolnton as the 
"City of Lincolnton". 

Referred to Committee on Local Government. 

H. B. 368, a bill to amend Chapter 362 of the Private Laws of 1905 
relating to the election of the mayor and commissioners of the town of 
Coats in Harnett County. 

Referred to Committee on Local Government. 

H. B. 365, a bill to authorize the board of county commissioners of Nash 
County to compensate Mrs. Joe Powell for injuries received while in the 
service of Nash County. 

Referred to Committee on Judiciary No. 2. 

H. J. R. 418, a joint resolution honoring Robert O. Huffman. 

Upon motion of Senator Flaherty, the rules are suspended and the resolu- 
tion is placed upon its immediate passage. 

Passes its second and third readings and is ordered enrolled. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 162, a bill to authorize the Thomasville City Board of Education 
to acquire certain land for a school site and to authorize purchase and 
payment of same on an installment basis, upon third reading. 



1969] SENATE JOURNAL 205 

The bill, as amended, passes its third reading by roll call vote, ayes 48, 
noes 0, as follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Edwards, 
Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, 
James, Johnson, Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy, 
Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson, 
Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of Wayne, 
West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48. 

The bill is ordered engrossed and sent to the House of Representatives. 

H. B. 206, a bill to revise and consolidate the charter of the city of 
Wilson and to repeal prior charter acts, upon second reading. 

The bill passes its second reading by roll call vote, ayes 48, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Edwards, 
Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, 
James, Johnson, Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy, 
Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson, 
Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of Wayne, 
West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48. 

H. B. 229, a bill repealing Chapter 602 of the Session Laws of 1963 
limiting the amount of school bonds which might be authorized for the 
county of Cabarrus and fixing such limitation for said county within the 
provisions of the County Finance Act, upon second reading. 

The bill passes its second reading by roll call vote, ayes 48, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Edwards, 
Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, 
James, Johnson, Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy, 
Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson, 
Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of Wayne, 
West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48. 

S. B. 243, a bill pertaining to the salaries of the sheriff and register of 
deeds of Cherokee County. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 245, a bill to amend Chapter 134 of the Session Laws of 1967 re- 
lating to vacancies occurring on the board of trustees of the Sanford Graded 
School District. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 250, a bill to amend Chapter 684 of the Session Laws of 1947 re- 
lating to the charter of the city of Kings Mountain. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 



206 SENATE JOURNAL [Session 

S. B. 256, a bill to amend the charter of the city of Roanoke Rapids for 
the purpose of providing for the election of the mayor by the eligible 
voters of the city, and increasing the time for the registration of voters 
in said city elections. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 283, a bill to amend the act relating to the authority of the 
Charlotte Firemen's Retirement System to invest in stock. 

Passes its second and third readings and is ordered enrolled. 

H. B. 284, a bill to amend the charter of the city of Charlotte. 

Passes its second and third readings and is ordered enrolled. 

S. B. 222, a bill to clarify General Statutes 20-28.1 relating to revocation 
of driving privileges of persons who drive while licenses are revoked or 
suspended. 

Senator Burney offers an amendment which is adopted. 

Senator McGeachy offers an amendment which is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 237, a bill to provide for a period of probation when a new driver's 
license is issued under the provisions of General Statutes 20-19(e). 

Senator Gurganus offers an amendment which is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

H. B. 152, a bill to amend General Statutes 24-8, which permits an 8 f /c 
interest rate, so as to include foreign or domestic real estate investment 
trusts. 

Passes its second and third readings and is ordered enrolled. 

H. B. 155, a bill to amend the General Statutes with regard to physicians 
qualified to treat workmen's compensation claimants in North Carolina. 

Upon motion of Senator Staton, the Committee amendment is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
sent to the House of Representatives for concurrence in the Senate amend- 
ment. 

H. B. 158, a bill to amend General Statutes 20-116(d) pertaining to the 
size of vehicles and extending the length of certain trucks. 

Passes its second and third readings and is ordered enrolled. 

Senate Committee substitute for H. B. 174, a bill to amend General 
Statutes 163-30 and General Statutes 163-31 regarding the oath of office 
and the time of the meeting of county boards of elections. 

Upon motion of Senator Norton, consideration of the bill is postponed 
until Tuesday, March 25, 1969. 

H. B. 188, a bill to amend North Carolina General Statutes 116-45(5) 
denning the primary purpose of Elizabeth City State College, Fayetteville 
State College, and Winston-Salem State College. 

Passes its second and third readings and is ordered enrolled. 



1969] SENATE JOURNAL 207 

H. B. 193, a bill to amend North Carolina General Statutes 116-45(2) 
denning the primary purpose of Pembroke State College. 

Passes its second and third readings and is ordered enrolled. 

H. B. 263, a bill to prohibit the taking of wildlife at night with the aid 
of an artificial light from or through the use of any conveyance. 

Upon motion of Senator Moore, consideration of the bill is postponed 
until Tuesday, March 25, 1969. 

H. B. 310, a bill to amend Section 160-25 of the General Statutes of 
North Carolina. 

Passes its second and third readings and is ordered enrolled. 

Upon motion of Senator Nielson, the Senate adjourns to meet tomorrow 
at 12 M. 



SIXTIETH DAY 

Senate Chamber, 
Tuesday, March 25, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and is 
found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

Upon motion of Senators Bailey and Coggins, the courtesies of the 
galleries are extended to the students of the eleventh grade of Cardinal 
Gibbons High School, Raleigh, and to their teacher, Sister Barbara. 

Upon motion of Senator Staton, the courtesies of the galleries are ex- 
tended to twenty-one students of Angier High School, Angier, and to their 
teacher, Mr. Richard Hunsucker. 

Upon motion of Senators Bowles, Edwards and Murrow, the courtesies 
of the galleries are extended to Boy Scout Troop No. 506 of Asheboro and 
their leaders, Mr. R. W. Wood, Mr. James Patterson and Mr. Gilbert 
Brinson. 

Upon motion of Senator Dent, the President extends the courtesies of the 
galleries to Mrs. Jack H. White, the wife of Senator White of Cleveland 
County. 

Upon motion of Senator Allen, the courtesies of the galleries are ex- 
tended to a group of students from Phillips Junior High School of Chapel 
Hill. 

Upon motion of Senator Harrington, the Chowan College Traveling Choir 
is invited to sing for the Senate. The President appoints Senator Harring- 
ton to escort the Choir to the well of the Senate, where they sing two 
selections under the direction of Professor James Chamblee, Choir Director. 



208 SENATE JOURNAL [Session 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary of 
State: 

H. B. 176, an act to repeal Chapter 1113 of the 1967 Session Laws pro- 
viding for the non-partisan election of the Henderson County Board of 
Education and the extension of the terms of office of the members of the 
Henderson County Board of Education so as to provide for the non-partisan 
election of the entire membership of the Henderson County Board of Edu- 
cation at the 1970 regular general county election. 

H. B. 244, an act to establish a supplementary pension fund for firemen 
in the town of North Wilkesboro. 

H. B. 254, an act to close temporarily the bear season in a portion of 
Gates County. 

H. B. 264, an act to authorize a referendum in the town of Aberdeen on 
alcoholic beverage control stores and the sale of beer and wine. 

H. B. 266, an act to authorize the Vance County Board of Education to 
convey certain surplus school property to the county of Vance. 

H. B. 287, an act to eliminate the requirement that not more than two 
members of the Orange County Board of Education may reside in any one 
township of the county. 

H. B. 314, an act to amend General Statutes 147-69.1 relating to the 
investment of surplus funds of the State. 

S. J. R. 227, a joint resolution honoring Dr. John Caldwell. 

S. B. 130, an act to provide for expansion of services of the North 
Carolina Capital Building Authority. 

S. B. 154, an act to amend Chapter 21 of the Session Laws of 1961 re- 
lating to the rules and regulations for municipal elections of the city of 
Gastonia. 

H. B. 13, an act to amend General Statutes 116-46.3 relating to participa- 
tion in sixth-year program of graduate instruction for superintendents, 
assistant superintendents and principals of public schools. 

H. B. 63, an act to amend Chapter 199, Session Laws of 1965, to allocate 
the profits earned by the city of Rockingham Board of Alcoholic Control 
and to provide for the appointment of members to the board. 

H. B. 132, an act to extend the corporate existence of Confederate 
Woman's Home. 

H. B. 135, an act to repeal General Statutes 15-162.1, relating to a plea 
of guilty in first degree murder, first degree burglary, arson and rape. 

H. B. 147, an act to amend General Statutes 18-45(8) to authorize ABC 
Boards to sell at public auction real and personal property. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 



1969] SENATE JOURNAL 209 

By Senator Ellis, for the Committee on Judiciary No. 1: 

S. B. 144, a bill amending Article IV of Chapter 84 of the General 
Statutes so as to permit District Bar Associations to assess and collect 
annual membership fees for the promotion and maintenance of its adminis- 
tration, activities and programs, with a favorable report, as amended. 

H. B. 335, a bill to amend the Charter of the city of Greensboro, the same 
being Chapter 37, Private Laws of 1923, as amended, and particularly as 
revised and reorganized by Chapter 1137, Session Laws of 1959, as amended, 
with a favorable report, as amended. 

By Senator Staton, for the Committee on Manufacturing, Labor and 
Commerce: 

S. B. 171, a bill to amend General Statutes 95-86 so as to increase the 
persons and occupations covered by the Minimum Wage Act, with a favor- 
able report, as amended. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senators Larkins, Allsbrook, Moore, Robinson, V. White of Pitt, John- 
son, Folger, Henley, Burney, Allen, Norton, Maxwell, Gurganus and Kirby: 
S. B. 285, a bill to establish the North Carolina Foundation on Alcoholic 
Rehabilitation. 

Referred to Committee on Mental Health. 

By Senators Larkins, Allsbrook, Moore, Robinson, V. White of Pitt, 
Folger, Henley, Burney, Allen, Kirby, Maxwell, Johnson and Gurganus: 
S. B. 286, a bill to amend General Statutes 18-39(3) so as to provide funds 
for the North Carolina Foundation on Alcoholic Rehabilitation. 

Referred to Committee on Mental Health. 

By Senator Bailey: S. B. 287, a bill to amend General Statutes 105-141 (b) 
to exempt from taxation retirement benefits received by certain retired 
federal employees. 

Referred to Committee on Finance. 

By Senator Allen: S. B. 288, a bill to make an appropriation to the State 
Board of Education for the purpose of establishing and financing a technical 
institute extension unit in Person County. 

Referred to Committee on Appropriations. 

By Senator MacLean: S. B. 289, a bill to provide an election or referendum 
for a certain area in Robeson County on the question of whether or not it 
shall be annexed to the Lumberton City Administrative Unit and be subject 
to the school taxes levied in the Lumberton City Administrative Unit if 
so annexed. 

Referred to Committee on Local Government. 

By Senator Robinson: S. J. R. 290, a joint resolution congratulating and 
commending the coach and players of the Whiteville High School's basket- 
ball team for their performance and sportmanship in winning the State 2A 
Conference Basketball Championship. 



210 SENATE JOURNAL [Session 

Upon motion of Senator Robinson the rules are suspended and the bill 
is placed on its immediate passage. 

Passes its second and third readings and is ordered sent to the House of 
Representatives by special messenger. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

S. B. 125, a bill to change the time of meeting of the General Assembly 
after the election of a governor to the second Wednesday in February, for 
concurrence in House amendment. 

Senator Ellis moves that the Senate do not concur in the House amend- 
ment. 

The motion prevails, and a conference is requested, and a Conference 
Committee consisting of three members of the Senate will be appointed. 

H. B. 71, a bill to amend General Statutes 20-216 concerning passing of 
horses and other draft animals. 

Referred to Committee on Highway Safety. 

H. B. 282, a bill to eliminate the requirement that not less than two 
members of the Board of Education of the Asheboro City Administrative 
Unit reside in territory outside the city of Asheboro. 

Referred to Committee on Local Government. 

H. B. 294, a bill to amend General Statutes 163-117 so as to provide for 
numbered seats in the Forty-First District of the House of Representatives. 

Referred to Committee on State Government. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

H. B. 206, a bill to revise and consolidate the charter of the city of 
Wilson and to repeal prior Charter Acts, upon third reading. 

The bill passes its third reading by roll call vote, ayes 48, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Dent, Edwards, 
Ellis, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, James, 
Johnson, Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy, Moore, 
Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson, 
Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of Wayne, 
West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48. 

The bill is ordered enrolled. 

H. B. 229, a bill repealing Chapter 602 of the Session Laws of 1963 
limiting the amount of school bonds which might be authorized for the 
county of Cabarrus and fixing such limitation for said county within the 
provisions of the County Finance Act, upon third reading. 



1969] SENATE JOURNAL 211 

The bill passes its third reading by roll call vote, ayes 48, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Dent, Edwards, 
Ellis, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, James, 
Johnson, Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy, Moore, 
Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson, 
Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of Wayne, 
West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48. 

The bill is ordered enrolled. 

H. B. 232, a bill to provide a supplemental retirement fund for firemen 
in the city of Wilson and to modify the application of General Statutes 
118-5, 118-6 and 118-7 to the city of Wilson. 

Passes its second and third readings and is ordered enrolled. 

S. B. 173, a bill to amend the Workmen's Compensation Act, regarding 
benefits, upon third reading. 

Passes its third reading and is ordered sent to the House of Representa- 
tives. 

S. B. 53, a bill to permit a referendum in municipalities concerning the 
sale of alcoholic beverages. 

Upon the passage of the bill on its second reading, Senator Joyner calls 
for the "ayes" and "noes". 

The call is not sustained. 

The bill, as amended, passes its second reading. 

Upon objection of Senator Coggins to its third reading, the bill remains 
upon the Calendar. 

S. B. 160, a bill to fix the compensation and provide for certain legislative 
expenses of Members of the General Assembly. 

Senator L. Warren of Wayne offers an amendment which is withdrawn. 

The bill passes its second reading. 

Upon objection of Senator L. Warren of Wayne to its third reading, the 
bill remains upon the Calendar. 

S. B. 191, a bill enabling municipalities to finance redevelopment pro- 
grams on an annual basis. 

Senator McGeachy offers an amendment which is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

Committee Substitute for S. B. 218, a bill to require motor vehicles to 
be equipped with safe tires. 

Passes its second reading. 

Upon objection of Senator Gurganus to its third reading, the bill remains 
upon the Calendar. 

Senate Committee Substitute for H. B. 174, a bill to amend General 
Statutes 163-30 and General Statutes 163-31 regarding the oath of office 
and the time of the meeting of county boards of elections. 



212 SENATE JOURNAL [Session 

Upon motion of Senator Boger consideration of the bill is postponed until 
Wednesday, March 26, 1969. 

H. B. 263, a bill to prohibit the taking of wildlife at night with the aid 
of an artificial light from or through the use of any conveyance. 

Senator Moore offers an amendment which is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
sent to the House of Representatives for concurrence in the Senate amend- 
ment. 

Upon motion of Senator J. White of Cleveland, the Senate adjourns to 
meet tomorrow at 12 M. 



SIXTY-FIRST DAY 

Senate Chamber, 
Wednesday, March 26, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Robert N. Nation, Pastor of the First 
Baptist Church of Jacksonville. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and is 
found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

Upon motion of Senator Rauch, the courtesies of the floor are extended 
to former Senator Miles Rhyne of Gaston County. 

The President grants leave of absence to Senator L. Warren of Wayne 
for today, and to Senators Moore and Henley for tomorrow, March 27, 
1969. 

The President appoints Senators Bailey, Boger and Ellis as conferees to 
consider the differences arising on S. B. 125, a bill to change the meeting 
of the General Assembly after the election of a governor to the second 
Wednesday in February, and a message is ordered sent to the House of 
Representatives informing that Body of such action. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces certain administrative changes in the Senate Rules 
adopted by the Committee, as follows: 

Administrative Regulation No. 3: All amendments must first contain the 
page and line number to be amended, in that order, with the substance 
of the amendment following. 

Administrative Regulation No. 4: Permission must first be obtained from 
the Principal Clerk for the use of Senate Committee Rooms, except for the 
regularly scheduled committee meetings as set forth on pages 71-73 of the 
Senate Rules Book. Upon assignment, the Principal Clerk will then notify 
the Senator, or Senators, whose offices adjoin the assigned committee room. 

COMMITTEE APPOINTMENT 

The President announces the following addition to Committee Appoint- 
ments: Committee on Constitution, Senator Larkins. 



1969] SENATE JOURNAL 213 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary of 
State: 

H. J. R. 418, a joint resolution honoring Robert 0. Huffman. 

S. B. 169, an act to extend the corporate limits of the city of Jacksonville 
so as to include the area on which the city's waste stabilization lagoon is 
located. 

H. B. 152, an act to amend General Statutes 24-8, which permits an 8% 
interest rate, so as to include foreign or domestic real estate investment 
trusts. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Currie, for the Committee on Alcoholic Beverage Control: 

S. B. 228, a bill to amend Chapter 196, Session Laws of 1967, to authorize 
the appointment of ABC officers in the town of Mt. Pleasant, and to specify 
their jurisdiction, with a favorable report. 

S. B. 229, a bill to amend Chapter 195, Session Laws of 1967, to authorize 
the appointment of ABC officers in the city of Concord and to specify their 
jurisdiction, with a favorable report. 

By Senator Wood, for the Committee on Highway Safety: 

S. B. 214, a bill to amend General Statutes 20-183. 2(c) concerning safety 
equipment inspections of motor vehicles sold at retail, with a favorable 
report. 

S. B. 265, a bill to amend General Statutes 20-129(d) concerning rear 
lamps on small trailers, with a favorable report. 

S. B. 274, a bill to amend General Statutes 20-129.1(4), (5), and (6) 
concerning required lights on small trailers, with a favorable report. 

S. B. 284, a bill to amend General Statutes 20-20 to clarify the same 
relative to a chauffeur's license, with a favorable report. 

By Senator McGeachy, for the Committee on Rules and Operation of the 
Senate: 

S. J. R. 271, a joint resolution relative to a correction in Senate Joint 
Resolution 1 of the 1969 General Assembly, with a favorable report. 

By Senator Norton, for the Committee on Election Laws: 

H. B. 49, a bill to authorize county boards of elections to conduct a new 
registration of voters during the year 1969 pursuant to installing loose-leaf 
registration as required by General Statutes 163-65, with a favorable report, 
as amended. 

H. B. 269, a bill relating to the election of the board of county com- 
missioners of Currituck County, with a favorable report. 



214 SENATE JOURNAL [Session 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senators Bailey, Coggins and Flaherty: S. B. 291, a bill to appropriate 
sufficient funds to provide a 10% salary increase for State employees for 
the fiscal year 1969-1970, and an additional 10% salary increase for the 
fiscal year 1970-71. 

Referred to Committee on Appropriations. 

By Senator Kirby: S. B. 292, a bill to amend Article 6A of Chapter 153 
of the General Statutes relating to the salaries of appointive and elective 
county officials and employees so as to make it applicable to Wilson 
County. 

Referred to Committee on Local Government. 

By Senator Burney: S. B. 293, a bill amending Article I of Chapter 113 
of the General Statutes relating to the Board of Conservation and Develop- 
ment and the Director thereof. 

Referred to Committee on Conservation and Development. 

By Senator Edwards: S. B. 294, a bill to rewrite Article II, Section 27 
of the North Carolina Constitution to provide that Senators shall be elected 
for terms of four years. 

Referred to Committee on Constitution. 

By Senator McGeachy: S. J. R. 295, a joint resolution inviting His 
Excellency, the Governor, to address a Joint Session of the Senate and 
House of Representatives at 12:20 p.m., March 27, 1969. 

Upon motion of Senator McGeachy, the rules are suspended and the 
resolution is placed upon its immediate passage. 

Passes its second and third readings and is ordered sent to the House of 
Representatives, by special messenger. 

By Senator Flaherty: S. B. 296, a bill to require all new house trailers 
exceeding thirty-two feet in length and used as residences within the 
State to have at least two doors. 

Referred to Committee on Manufacturing, Labor and Commerce. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

S. B. 132, a bill rewriting General Statutes 106-245.16 relating to the 
North Carolina Egg Law, for concurrence in the House amendment. 

Upon motion of Senator MacLean, the Senate concurs in the House 
amendment and the bill is ordered enrolled. 

H. B. 309, a bill to amend General Statutes 163-151 relating to single 
shot voting so as to make Section 3, Sub-Section (b) thereof inapplicable 
to Hoke County. 

Referred to Committee on Election Laws. 



1969] SENATE JOURNAL 215 

H. B. 381, a bill to provide for the removal of unauthorized motor 
vehicles from private parking lots in Wake and Robeson Counties. 

Referred to Committee on Judiciary No. 2. 

H. B. 406, a bill to continue Mrs. Sylvia G. Ruby as a member of the 
Wake County Board of Education for the unexpired term of Harry E. 
Stewart. 

Referred to Committee on Education. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

H. B. 335, a bill to amend the charter of the city of Greensboro, the 
same being Chapter 37, Private Laws of 1923, as amended, and particularly 
as revised and reorganized by Chapter 1137, Session Laws of 1959, as 
amended. 

Upon motion of Senator Edwards, the amendment offered by the Com- 
mittee is adopted. 

Passes its second and third readings, as amended, and is ordered sent to 
the House of Representatives for concurrence in the Senate amendment. 

S. B. 144, a bill amending Article IV of Chapter 84 of the General 
Statutes so as to permit district bar associations to assess and collect 
annual membership fees for the promotion and maintenance of its ad- 
ministration, activities and programs, upon second reading. 

Upon motion of Senator Ellis the amendment offered by the Committee 
is adopted. 

The bill, as amended, passes its second reading by roll call vote, ayes 42, 
noes 3, as follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Coggins, Currie, Dent, Edwards, 
Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, 
Johnson, Joyner, Larkins, MacLean, McGeachy, Moore, Murrow, Nielson, 
Norton, Patterson, Poovey, Reed, Robinson, Sapp, Saunders, Staton, S. 
Warren of Sampson, West, J. White of Cleveland, V. White of Pitt, Wilkie, 
Wood— 42. 

Those voting in the negative are: Senators Kirby, Penn, Rauch — 3. 

Senator James votes "present". 

S. B. 53, a bill to permit a referendum in municipalities concerning the 
sale of alcoholic beverages, upon third reading. 

Senator J. White of Cleveland offers an amendment which is adopted. 

Senator Poovey offers an amendment which fails of adoption. 

Upon the passage of the bill upon its third reading Senator Coggins calls 
for the "ayes" and "noes". 

The call is sustained. 

Senator Joyner offers an amendment which fails of adoption. 

Senator Joyner offers a second amendment which fails of adoption. 

The bill, as amended, passes its third reading by roll call vote, ayes 33, 
noes 15, as follows: 



216 SENATE JOURNAL [Session 

Those voting in the affirmative are: Senators Allen, Bagnal, Boger, 
Bowles, Bryan, Burney, Currie, Dent, Edwards, Ellis, Evans, Folger, 
Gurganus, Harrington, Henley, James, Larkins, Maxwell, McGeachy, Moore, 
Nielson, Patterson, Penn, Reed, Robinson, Sapp, Saunders, Scott, Staton, 
S. Warren of Sampson, J. White of Cleveland, V. White of Pitt, Wood— 33. 

Those voting in the negative are: Senators Allsbrook, Bailey, Briggs, 
Coggins, Flaherty, Griffin, Johnson, Joyner, Kirby, MacLean, Murrow, 
Poovey, Rauch, West,. Wilkie — 15. 

The bill is ordered engrossed and sent to the House of Representatives. 

S. B. 160, a bill to fix the compensation and provide for certain legislative 
expenses of members of the General Assembly, upon third reading. 

Senator Moore offers an amendment which is adopted. 

The bill, as amended, passes its third reading and is ordered engrossed 
and sent to the House of Representatives. 

Committee Substitute for S. B. 218, a bill to require motor vehicles to 
be equipped with safe tires. 

Upon motion of Senator Griffin, the bill is re-referred to the Committee 
on Highway Safety. 

Senate Committee Substitute for H. B. 174, a bill to amend General 
Statutes 163-30 and General Statutes 163-31 regarding the oath of office 
and the time of the meeting of county boards of elections. 

Senator Boger offers an amendment which is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
sent to the House of Representatives for concurrence in the Senate Sub- 
stitute bill, as amended. 

S. B. 171, a bill to amend General Statutes 95-86 so as to increase the 
persons and occupations covered by the Minimum Wage Act. 

Senator Murrow offers an amendment which is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following messages are received from the House of Representatives: 

House of Representatives, 
March 26, 1969. 

Mr. President : 

It is ordered that a message be sent your Honorable Body with the in- 
formation that pursuant to S. J. R. 295, "a joint resolution inviting His 
Excellency, the Governor, to address a joint session of the Senate and House 
of Representatives at 12:30 p.m., March 27, 1969," the Speaker has ap- 
pointed on the part of the House of Representatives to serve with a like 
Committee of the Senate Representatives Lilley, Bostian, and DeBruhl. 

Respectfully, 

Jo Ann Smith, Principal Clerk 



1969] SENATE JOURNAL 217 

House of Representatives, 
March 26, 1969. 

Mr. President : 

Pursuant to your information that your Honorable Body failed to concur 
in House Amendment to Senate Bill No. 125, "a bill to be entitled an act to 
change the time of meeting of the General Assembly after the election of 
a governor to the second Wednesday in February", to this end the Speaker 
has appointed as conferees on the part of the House, Representatives 
Gentry, Barbee, Ragsdale and Strickland, to act with a like committee on 
the part of the Senate to the end that the differences existing between 
the two bodies may be adjusted. 

Respectfully, 

Jo Ann Smith, Principal Clerk 

APPOINTMENT 

The President appoints as a committee to greet and escort the Governor 
to the Joint Session tomorow, March 27, 1969, in the Hall of the House, 
Senators Ellis and MacLean. 

Upon motion of Senator Gurganus, the Senate adjourns to meet tomorrow 
at 12 M. 



SIXTY-SECOND DAY 

Senate Chamber, 
Thursday, March 27, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and is 
found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

Upon motion of Senator Sapp, the President extends the courtesies of 
the galleries to Mrs. George R. Uzzell and to Mr. Harry Uzzell, the widow 
and brother of former Representative Uzzell of Rowan County. 

Upon motion of Senators Evans, Maxwell and Moore, the President ex- 
tends the courtesies of the galleries to fifty-eight pupils of the Eastway 
Junior High School in Mecklenburg County, and to their teacher, Mrs. 
Corrine Robertson, and principal, Mr. Robert C. Miller. 

Upon motion of Senator Penn, the President extends the courtesies of 
the galleries to Mr. Augustine U. Obozuwa of Benin, Nigeria, a graduate 
law student studying under a Rotary fellowship at Duke University. 

The President grants leave of absence to Senators Gurganus and West 
for tomorrow, March 28, 1969. 



218 SENATE JOURNAL [Session 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary of 
State: 

S. J. R. 290, a joint resolution congratulating and commending the coach 
and players of the Whiteville High School's basketball team for their 
performance and sportsmanship in winning the State 2A Conference Basket- 
ball Championship. 

H. B. 158, an act to amend General Statutes 20-116(d) pertaining to the 
size of vehicles and extending the length of certain trucks. 

H. B. 169, an act relating to hunting from public roads in Duplin and 
Pender Counties. 

H. B. 188, an act to amend North Carolina General Statutes 116-45(5) 
defining the primary purpose of Elizabeth City State College, Fayetteville 
State College, and Winston-Salem State College. 

H. B. 193, an act to amend North Carolina General Statutes 116-45(2) 
defining the primary purpose of Pembroke State College. 

H. B. 283, an act to amend the act relating to the authority of the 
Charlotte Firemen's Retirement System to invest in stock. 

H. B. 284, an act to amend the charter of the city of Charlotte. 

H. B. 310, an act to amend Section 160-25 of the General Statutes of 
North Carolina. 

H. B. 155, an act to amend the General Statutes with regard to physicians 
qualified to treat Workmen's Compensation Claimants in North Carolina. 

H. B. 206, an act to revise and consolidate the charter of the city of 
Wilson and to repeal prior charter acts. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following message is received from the House of Representatives: 

House of Representatives, 
Thursday, March 27, 1969. 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the in- 
formation that pursuant to S. J. R. 295, "a joint resolution inviting His 
Excellency, the Governor, to address a Joint Session of the Senate and 
House of Representatives at 12:30 P.M., March 27, 1969," the House of 
Representatives stands ready to receive the Senate in Joint Session at the 
hour appointed. 

Respectfully, 

Jo Ann Smith, Principal Clerk 

Upon motion of Senator McGeachy, the Senate recesses to meet in Joint 
Session with the House of Representatives for the purpose of hearing the 
Governor's message, and upon dissolution the Senate will return to its 
chamber and resume consideration of business. 



1969] SENATE JOURNAL 219 

JOINT SESSION 

The Senate is received by the members of the House of Representatives 
standing, and the Joint Session is called to order by Lieutenant Governor 
H. Patrick Taylor, Jr. 

Lieutenant Governor Taylor presents His Excellency, Governor Robert W. 
Scott, who delivers the following message: 

Mr. President, Mr. Speaker, members of the General Assembly of North 
Carolina : 

I appreciate the privilege you have given me to come before you again 
during this session. I am aware of the demands made upon your time, 
especially now that you are deeply involved in discussing the issues that 
are before you. 

But I ask for some of your time today in order that I might present for 
your consideration a new program for North Carolina. 

In my legislative message to you on January 22, I stated that I would 
ask your support in developing programs that will build a partnership 
between our state government and our local communities. 

There has been much concern expressed in recent months over the need 
to strengthen local governments. These expressions have come from local 
government officials, community leaders and the general public. Part of this 
concern stems from the growing awareness that unless action is taken, local 
governments — those closest to the people — will become largely ineffective. 
Indeed, many are finding it increasingly difficult to cope with the pressing 
problems of a modern society. 

Since our counties, cities and towns are created by the State, I feel the 
State has an obligation to provide them with technical know-how, planning 
assistance, and other services to enable them to cope with twentieth 
century problems and to plan for the twenty-first century. 

To aid in this essential effort, I ask this General Assembly to establish 
a new department of state government to be known as the Department of 
Local Affairs. 

This department will be used primarily for the purpose of aiding and 
assisting local governments to meet local needs, both immediate and long 
range. It will be a service agency, staffed with competent individuals who 
have the expertise in such areas as community planning, economic develop- 
ment, recreational planning, housing, land use and development and other 
vital areas. 

I intend for this new department to work in close cooperation with all 
local governments. Equal attention will be given to counties and munici- 
palities. It will make no difference whether the local government is large 
or small in terms of population, economic wealth or geography. The services 
of this department will be available to all. 

To assure this close cooperation I ask that an Advisory Council on Local 
Affairs be established to work with the Director and the Department. At 
least six members of this eighteen member council will, at the time of 
their appointment or within the preceding two years, have served as a 
mayor, a member of a municipal governing board or as a county com- 
missioner. 



220 SENATE JOURNAL [Session 

There will be advisory committees on recreation, law and justice, and 
other areas of work by this department. In short, the department will be 
so organized as to assure local governments a strong voice in its policies 
and programs. 

Mr. President, Mr. Speaker, I consider the establishing of this depart- 
ment to be a key element in the determined efforts of this administration 
to form a true partnership with local governments. In addition to our 
100 county governments, there are over 425 incorporated municipalities. 
There are also many unincorporated communities ranging all the way from 
a few families around a rural crossroads to the community of Kannapolis. 
Many have formed themselves into sanitary districts or water districts. 

Most of these counties, municipalities and unincorporated population 
centers do not have the manpower, the finances or the technical knowledge 
to adequately deal with the modern-day problems suddenly thrust upon 
them. Many are not able to take advantage of — indeed some do not have 
knowledge of — federal and state assistance programs available to them. 
Yet their problems increase and their needs mount. 

Much has been said about the needs of our local governments and what 
can be done to assist them. My administration is committed to providing 
this type of assistance. I am convinced our people want it. I ask you to 
join with me in making it possible by establishing the Department of Local 
Affairs, a major new department of our state government. 

Another essential step in our effort to strengthen local governments in 
this State is the matter of constitutional reform. 

I am pleased that the Local Government Study Commission has placed 
such reform at the top of its list of many worthy recommendations. I 
concur in that priority, for the bedrock of democratic government is its 
constitution. 

The language of 1868 has served well. Its basic conservative philosophy 
should be retained. State supervision of local fiscal affairs is sound and 
should be continued. 

But we must not forever cling blindly to the past when facing the 
problems, challenges and opportunities of the future. The language of 
1868, written in the context of the past century, must be updated and 
modernized. 

Those constitutional provisions which limit the power of the General 
Assembly to legislate for the 1970's and beyond must be revised. Barriers 
to effective change in form and structure of local government must be 
removed. 

My program for local government is in reality a program of better 
services for all the people of our State. Its aim is to provide a sound and 
wholesome balance of urban and rural life. 

With these principles in mind, I urge your careful and studied con- 
sideration of constitutional reform for local government. 

OTHER INTERNAL REORGANIZATION 

In order for our state government to operate more efficiently in the 
coming years and fulfill its obligation to be more responsive to the needs 



1969] SENATE JOURNAL 221 

of our people, I am recommending that there be a reorganization of certain 
policy making boards and agencies of our state administration. 

Already you have before you a bill that would reorganize the Board of 
Conservation and Development along the lines recommended by the Study 
Commission established by the 1967 General Assembly. I urge the enact- 
ment of this bill for I believe it will give a better balance to the mission 
of the Department in broad areas of development, conservation and tourism. 

Soon to be introduced for your consideration will be a bill to provide for 
additional highway commissioners. The enactment of that legislation will 
enable the highway commission to be in closer touch with the people. It 
will enable the commission to give closer and more immediate attention to 
the road needs of our counties. I ask you to adopt this proposal. 

Article 36 of Chapter 143 of our General Statutes, enacted by the 1957 
General Assembly, provided for a Department of Administration. This 
department has served well and it is essential to the effective operation 
of our state government. 

This department really serves as an extension of the Governor's office. 
Within it are located six divisions: Budget, Property Control, Purchase and 
Contract, General Services, State Planning Task Force and Data Processing. 
Two of these, Budget and Purchase and Contract, are required by statute 
to be in this department. Others are authorized but not required. With 
the exception of the Budget and Purchase and Contract Divisions, the 
Director, with the approval of the Governor, may add divisions, abolish 
divisions and otherwise reorganize the department "necessary or convenient 
for the efficient performance of the duties and functions of the department." 

I am convinced that the department needs to be reorganized for more 
efficiency. Present authority exists to do this, but some additional funds 
will be needed to make such reoganization effective. 

As you know, in recent years there has been a tremendous increase in 
the number of new Federal programs. Many of these directly concern 
North Carolina. I feel that our State is not fully utilizing some of the 
programs that can be helpful to us and that we are not aggressive enough 
in getting some of our Federal tax dollars back into North Carolina. Further, 
these Federal programs have grown both in number and in scope to the 
extent it deserves our full-time attention. 

Therefore, I am asking that $36,500 be provided to establish within the 
Department of Administration an Office of State-Federal Relations. This 
office will be responsible for State-Federal liaison on behalf of the Executive 
Branch of state government. This office will serve as a key point of contact 
with Federal offices, agencies, and programs, and conduct the staff work 
for the Governor and the Department of Administration. 

The Division of Property Control and Construction needs to be reorganized 
to more effectively handle the increased work load resulting from increased 
numbers of state buildings and property, both existing and planned, under 
its supervision. It is proposed that this division be renamed the Property 
Management and Construction Division and that it be split up into three 
sections: Architecture and Engineering, Real Property Management and 
Control, and Legal. Salaries and support needed will be in the amount of 
$108,000. 



222 SENATE JOURNAL [Session 

The State Planning Task Force was created during the Sanford ad- 
ministration and strengthened during the Moore administration. The time 
has now arrived where this division should be further strengthened by 
additional inputs of personnel and expertise to adequately serve the State's 
comprehensive long-range planning and development needs. This change is 
needed to cope with the complex long-range planning problems of the new 
century already rushing upon us. 

The State Planning Task Force, therefore, will be reorganized into a 
Division of State Planning and Development. It will have the responsibility 
to coordinate existing state programs and organization of agency plans 
for future programs and needs of the State. 

The basic functions at this level are coordination and integration of line 
agency planning, and providing the Executive and Legislative branches 
of government information on state-wide goals, policies and means of 
implementation. 

The State Planning Task Force would be incorporated into this new 
division and additional funds for support would amount to $112,000. 

It is an objective of this administration to provide for our citizens as 
efficient government as possible. To do this requires a constant review of 
organization methods and procedures of all state agencies and to formulate 
plans for needed improvements in organization. 

Authority to accomplish this goal is already provided in General Statutes 
143-341(5), but this program has never been implemented. It is needed. 
Therefore, it is proposed that there be established a new division within 
the Department of Administration to be known as the Administrative 
Management Analysis Division. This division will provide staff assistance 
to the Governor and the Advisory Budget Commission, two-thirds of whose 
membership are members of the General Assembly. It will make studies 
and in-depth analysis of budgets and organization, and will establish cost- 
benefit ratios where applicable to state programs. Such findings will be 
presented to the Advisory Budget Commission and to the Governor and 
would be available to the General Assembly. 

Funds to support this new division will amount to $108,000. 

Other divisions of the Department of Administration, Budget, Purchase 
and Contract, General Services, and Data Processing, would function as 
they are now constituted. 

The work of the Department has expanded considerably from its original 
two divisions. Responsibilities of the Department have increased in number 
and complexity. The work load on the Director has increased greatly in 
the last twelve years. Therefore I am recommending that a position of 
Deputy Director be established to assist the Director in the implementation 
of these expanded programs and responsibility. The Deputy Director would 
act in the absence of the Director. Salary and supporting expenditures for 
this position, together with secretarial assistance would amount to $36,000 
for the biennium. 

Mr. President, Mr. Speaker, this message today, together with my two 
previous appearances before you, embodies the essential elements of my 
programs for progress for the people of our State. 

There are three alternatives before us: 



1969] SENATE JOURNAL 223 

One is to do nothing about incerasing revenues. In this time of mounting 
costs, enlarging needs of a growing State, and greater Federal challenges 
in terms of matching money, to accept this alternative would cause us to 
go backward. 

The second alternative is to provide those revenues which would enable 
us to merely remain where we are with no forward motion. This is not in 
keeping with our philosophy or tradition as a State. 

The third opportunity is the course of courage. To me it is the only 
acceptable alternative. 

I have been in office less than three months. But I am made more aware 
each passing day that with the proper direction and leadership, North 
Carolina can become outstanding in its capacity to make maximum use of 
its potential. 

During the past few weeks, I have had the opportunity to chat with you 
at the breakfast table, in my office or at dinner at the Executive Mansion. 
You have strengthened the conviction I already hold that you want to 
serve your constituents conscientiously and that you are dedicated to your 
responsibilities as elected members of a truly great deliberative body — 
the General Assembly of North Carolina. 

As you go about your tasks during the remaining weeks of this session, 
I ask you to keep in mind one thought: 

The programs I have presented to you are no monument to me as an 
individual. There are no frills in what I am proposing — no luxuries. 

What I have recommended, either in programs or revenue sources, is not 
frivolous. It is not a question of what one man wants. It is a larger question 
of what North Carolina needs. 

No citizen of North Carolina will suffer unduly by supporting my pro- 
gram. But thousands will benefit because you were willing to enact it. 

The people of North Carolina elected me Governor to provide the needed 
leadership during these four years. The program I present to you will 
enable me to better fulfill that obligation. 

It is my responsibility as Governor to present a program and the ways in 
which it might be financed. This I have done. 

You have the responsibility to evaluate both my proposals and the 
means of financing. I am confident you will do so with the best interests 
of all of North Carolina at heart. 

Leadership — that is what I impress upon you today. That is what the 
people want. 

Let each of us in our respective positions of leadership be honest enough 
and courageous enough to admit one thing: 

To be influenced in our decisions by the cries of the faint hearted or the 
vocal disgruntlement of leaders of special interest groups who resist the 
necessary means of financing essential programs — this is indefensible 
leadership and it betrays those we represent. 

I implore every member of this General Assembly to rise to the challenge 
we clearly face. Listen to the voice of reason and logic — not to emotion nor 
special interests. 



224 SENATE JOURNAL [Session 

And let us ask Divine guidance that our conscience can distinguish 
between the two. 

Who will provide the leadership ? As your Governor, I will. 

Who can get the job done ? Only you, the members of this General 
Assembly. 

Let us all have the courage to "Go Forward" again. 

MESSAGES FROM THE GOVERNOR 

The President submits the following messages from His Excellency, the 
Governor, containing appointments to the State Board of Education, the 
State Board of Higher Education and the boards of trustees of the various 
State-supported colleges and institutions, as follows: 

The Honorable H. P. Taylor, Jr. 

President of the Senate 

The Honorable Earl W. Vaughn 

Speaker of the House 

North Carolina General Assembly 

Raleigh, North Carolina 

Gentlemen: 

I transmit herewith the following appointments to the Board of Educa- 
tion, which must be confirmed by the General Assembly in Joint Session, 
in accordance with General Statutes 115-2: 

Dr. Charles E. Jordan, Sr. 
Durham, North Carolina 
Term beginning July 31, 1967 
Term expires April 1, 1975 
George Douglas Aitken 
Charlotte, North Carolina 
Term beginning July 31, 1967 
Term expires April 1, 1975 

Respectfully submitted, 
Robert W. Scott 

The Honorable H. P. Taylor, Jr. 

President of the Senate 

The Honorable Earl W. Vaughn 

Speaker of the House 

North Carolina General Assembly 

Raleigh, North Carolina 

Gentlemen: 

I transmit herewith the following appointments to the North Carolina 
Board of Higher Education, which must be confirmed by the General 
Assembly in Joint Session, in accordance with General Statutes 116-156: 

Mrs. Harry P. Horton 
Pittsboro, North Carolina 
Term beginning August 28, 1967 



1969] SENATE JOURNAL 225 

Term expiring June 30, 1973 
Lindsay C. Warren, Jr. 
Goldsboro, North Carolina 
Term beginning August 28, 1967 
Term expiring June 30, 1973 
Dr. Isaac H. Miller, Jr. 
Greensboro, North Carolina 
Term beginning October 7, 1968 
Term expiring June 30, 1973 

Respectfully submitted, 
Robert W. Scott 



The Honorable H. P. Taylor, Jr. 

President of the Senate 

The Honorable Earl W. Vaughn 

Speaker of the House 

North Carolina General Assembly 

Raleigh, North Carolina 

Gentlemen: 

I transmit herewith the following appointments to the Board of Trustees 
of Appalachian State University, which must be confirmed by the General 
Assembly in Joint Session, in accordance with General Statutes 116-46(l)d: 

Dr. Hugh P. Daniel, Jr. 
P. O. Box 568 

Waynesville, North Carolina 
Term beginning August 3, 1967 
Term expiring June 30, 1975 
Lester P. Martin, Jr. 
822 North Main Street 
Mocksville, North Carolina 
Term beginning August 3, 1967 
Term expiring June 30, 1975 
Dwight W. Quinn 
Cannon Mills Company 
Kannapolis, North Carolina 
Term beginning August 3, 1967 
Term expiring June 30, 1975 

Respectfully submitted, 
Robert W. Scott 



226 SENATE JOURNAL [Session 

The Honorable H. P. Taylor, Jr. 

President of the Senate 

The Honorable Earl W. Vaughn 

Speaker of the House 

North Carolina General Assembly 

Raleigh, North Carolina 

Gentlemen: 

I transmit herewith the following apointments to the Board of Trustees 
of Asheville-Biltmore College, which must be confirmed by the General 
Assembly in Joint Session, in accordance with General Statutes 116-46(l)d: 

J. Gerald Cowan 
Asheville, North Carolina 
Term beginning July 25, 1967 
Term expiring June 30, 1975 
William M. Lehmkuhl 
Asheville, North Carolina 
Term beginning July 26, 1967 
Term expiring June 30, 1975 
Claude Ramsey, Jr. 
Asheville, North Carolina 
Term beginning July 25, 1967 
Term expiring June 30, 1975 
Philip C. Brownell 
Asheville, North Carolina 
Term beginning November 6, 1968 
Term expiring June 30, 1975 

Respectfully submitted, 
Robert W. Scott 



The Honorable H. P. Taylor, Jr. 

President of the Senate 

The Honorable Earl W. Vaughn 

Speaker of the House 

North Carolina General Assembly 

Raleigh, North Carolina 

Gentlemen : 

I transmit herewith the following appointments to the Board of Trustees 
of North Carolina College at Durham, which must be confirmed by the 
General Assembly in Joint Session, in accordance with General Statutes 
116-46(l)d: 

Dr. Paul Clyde 
Durham, North Carolina 
Term beginning August 21, 1967 
Term expiring June 30, 1975 
Clyde A. Shreve 
Summerfield, North Carolina 
Term beginning August 21, 1967 



1969] SENATE JOURNAL 227 

Term expiring June 30, 1975 
Clarence Watkins 
Reidsville, North Carolina 
Term beginning August 21, 1967 
Term expiring June 30, 1975 

Respectfully submitted, 
Robert W. Scott 

The Honorable H. P. Taylor, Jr. 

President of the Senate 

The Honorable Earl W. Vaughn 

Speaker of the House 

North Carolina General Assembly 

Raleigh, North Carolina 

Gentlemen: 

I transmit herewith the following appointments to the Board of Trustees 
of the North Carolina Agricultural and Technical State University, which 
must be confirmed by the General Assembly in Joint Session, in accordance 
with General Statutes 116-46(1 )d: 

Dr. Frontis W. Johnston 

Davidson, North Carolina 

Term beginning August 14, 1967 

Term expiring June 30, 1975 

Charles Wiley Phillips 

Greensboro, North Carolina 

Term beginning August 14, 1967 

Term expiring June 30, 1975 

John S. Stewart 

Durham, North Carolina 

Term beginning August 14, 1967 

Term expiring June 30, 1975 

Respectfully submitted, 
Robert W. Scott 

The Honorable H. P. Taylor, Jr. 

President of the Senate 

The Honorable Earl W. Vaughn 

Speaker of the House 

North Carolina General Assembly 

Raleigh, North Carolina 

Gentlemen: 

I transmit herewith the following appointments to the Board of Trustees 
of East Carolina University, which must be confirmed by the General 
Assembly in Joint Session, in accordance with General Statutes 116-46(l)d: 

Charles H. Larkins, Sr. 

Kinston, North Carolina 

Term beginning August 9, 1967 



228 SENATE JOURNAL [Session 

Term expiring June 30, 1975 
William W. Taylor, Jr. 
Raleigh, North Carolina 
Term beginning August 9, 1967 
Term expiring June 30, 1975 
James L. Whitfield 
Raleigh, North Carolina 
Term beginning August 9, 1967 
Term expiring June 30, 1975 

Respectfully submitted, 
Robert W. Scott 



The Honorable H. P. Taylor, Jr. 

President of the Senate 

The Honorable Earl W. Vaughn 

Speaker of the House 

North Carolina General Assembly 

Raleigh, North Carolina 

Gentlemen : 

I transmit herewith the following appointments to the Board of Trustees 
of the Elizabeth City State College, which must be confirmed by the General 
Assembly in Joint Session, in accordance with General Statutes 116-46(l)d: 

Dr. Clifford Jones 
Elizabeth City, North Carolina 
Term beginning October 10, 1967 
Term expiring June 30, 1975 
Herbert T. Mullen 
South Mills, North Carolina 
Term beginning October 10, 1967 
Term expiring June 30, 1975 
Maceo A. Sloan 
Durham, North Carolina 
Term beginning October 10, 1967 
Term expiring June 30, 1975 
Joseph J. Harrington 
Lewiston, North Carolina 
Term beginning October 10, 1967 
Term expiring June 30, 1973 
Dr. Kermit E. White 
Elizabeth City, North Carolina 
Term beginning October 10, 1967 
Term expiring June 30, 1973 

Respectfully submitted, 
Robert W. Scott 



1969] SENATE JOURNAL 229 

The Honorable H. P. Taylor, Jr. 

President of the Senate 

The Honorable Earl W. Vaughn 

Speaker of the House 

North Carolina General Assembly 

Raleigh, North Carolina 

Gentlemen : 

I transmit herewith the following appointments to the Board of Trustees 
of the Fayetteville State College, which must be confirmed by the General 
Assembly in Joint Session, in accordance with General Statutes 116-46(l)d: 

C. J. Barber 
Garner, North Carolina 
Term beginning August 31, 1967 
Term expiring June 30, 1975 
Charles Dawkins 
Fayetteville, North Carolina 
Term beginning August 31, 1967 
Term expiring June 30, 1975 
Gurney E. Edgerton 
Fayetteville, North Carolina 
Term beginning August 31, 1967 
Term expiring June 30, 1975 
J. Wilbur Breece 
Fayetteville, North Carolina 
Term beginning November 7, 1968 
Term expiring June 30, 1971 

Respectfully submitted, 
Robert W. Scott 



The Honorable H. P. Taylor, Jr. 

President of the Senate 

The Honorable Earl W. Vaughn 

Speaker of the House 

North Carolina General Assembly 

Raleigh, North Carolina 

Gentlemen: 

I transmit herewith the following appointments to the Board of Trustees 
of Pembroke State College, which must be confirmed by the General 
Assembly in Joint Session, in accordance with General Statutes 116-46(1 )d: 

B. O. Burns 

Rowland, North Carolina 
Term beginning August 17, 1967 
Term expiring June 30, 1975 
Roscoe Drake McMillan, Jr. 
Red Springs, North Carolina 
Term beginning August 17, 1967 
Term expiring June 30, 1975 



230 SENATE JOURNAL [Session 

W. Earl Britt 

Lumberton, North Carolina 

Term beginning September 22, 1967 

Term expiring June 30, 1971 

Purnell Swett 

Pembroke, North Carolina 

Term beginning February 13, 1968 

Term expiring June 30, 1975 

Respectfully submitted, 
Robert W. Scott 

The Honorable H. P. Taylor, Jr. 

President of the Senate 

The Honorable Earl W. Vaughn 

Speaker of the House 

North Carolina General Assembly 

Raleigh, North Carolina 

Gentlemen: 

I transmit herewith the following appointments to the Board of Trustees 
of Western Carolina University, which must be confirmed by the General 
Assembly in Joint Session, in accordance with General Statutes 116-46(l)d: 

Thomas Lane Mallonee 
Candler, North Carolina 
Term beginning August 8, 1967 
Term expiring June 30, 1975 
W. Harold Mitchell 
Valdese, North Carolina 
Term beginning August 8, 1967 
Term expiring June 30, 1975 
Edward Jordan Whitmire 
Franklin, North Carolina 
Term beginning August 8, 1967 
Term expiring June 30, 1975 

Respectfully submitted, 
Robert W. Scott 

The Honorable H. P. Taylor, Jr. 

President of the Senate 

The Honorable Earl W. Vaughn 

Speaker of the House 

North Carolina General Assembly 

Raleigh, North Carolina 

Gentlemen: 

I transmit herewith the following appointments to the Board of Trustees 
of Wilmington College, which must be confirmed by the General Assembly, 
in Joint Session, in accordance with General Statutes 116-46(l)d: 

William Horace Corbett 



1969] SENATE JOURNAL 231 

Wilmington, North Carolina 
Term beginning August 7, 1967 
Term expiring June 30, 1975 
Addison Hewlett, Jr. 
Wilmington, North Carolina 
Term beginning August 7, 1967 
Term expiring June 30, 1975 
Jim Smith 

Chinquapin, North Carolina 
Term beginning August 7, 1967 
Term expiring June 30, 1975 

Respectfully submitted, 
Robert W. Scott 

The Honorable H. P. Taylor, Jr. 

President of the Senate 

The Honorable Earl W. Vaughn 

Speaker of the House 

North Carolina General Assembly 

Raleigh, North Carolina 

Gentlemen: 

I transmit herewith the following appointments to the Board of Trustees 
of Winston-Salem State College, which must be confirmed by the General 
Assembly in Joint Session, in accordance with General Statutes 116-46(l)d: 

Sammie Chess, Jr. 

High Point, North Carolina 

Term beginning August 17, 1967 

Term expiring June 30, 1975 

Thomas Rice 

Winston-Salem, North Carolina 

Term beginning August 17, 1967 

Term expiring June 30, 1975 

J. Paul Wallace 

Troy, North Carolina 

Term beginning August 17, 1967 

Term expiring June 30, 1975 

Respectfully submitted, 
Robert W. Scott 

Upon motion of Senator McGeachy, the appointments contained in the 
Governor's messages are confirmed for the places and terms indicated. 

Upon motion of Senator McGeachy, the Joint Session is dissolved and the 
Senate returns to its chamber. 

reports of committees 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 



232 SENATE JOURNAL [Session 

By Senator Boger, for the Committee on Judiciary No. 2: 

S. B. 266, a bill authorizing the commissioners of Caswell County to 
execute warranty deeds, with a favorable report. 

H. B. 348, a bill to amend Chapter 20 of the General Statutes by placing 
therein a new definition of resident, with a favorable report. 

H. B. 357, a bill amending General Statutes 14-107 relating to the issuance 
of worthless checks and the punishment therefor so as to make certain 
provisions thereof relating to punishment effective in Brunswick County, 
with a favorable report. 

H. B. 365, a bill to authorize the Board of County Commissioners of Nash 
County to compensate Mrs. Joe Powell for injuries received while in the 
service of Nash County, with a favorable report. 

H. B. 381, a bill to provide for the removal of unauthorized motor vehicles 
from private parking lots in Wake and Robeson Counties, with a favorable 
report, as amended. 

By Senator Evans, for the Committee on Education: 

H. B. 406, a bill to continue Mrs. Sylvia G. Ruby as a member of the 
Wake County Board of Education for the unexpired term of Harry E. 
Stewart, with a favorable report. 

H. B. 324, a bill to enlarge the membership of the county board of edu- 
cation of Tyrrell County from three members to five members, with a 
favorable report. 

H. B. 376, a bill relating to the Fairmont City School Administrative 
Unit in Robeson County, with a favorable report. 

By Senator J. White of Cleveland, for the Committee on Local Govern- 
ment: 

S. B. 161, a bill to amend Chapter 316 of the Session Laws of 1947, as 
amended, relating to professional bondsmen in Robeson County, with a 
favorable report. 

S. B. 238, a bill to authorize the city of Lumberton to levy and collect 
taxes within the areas of the city administrative unit which are outside 
the corporate limits, with a favorable report. 

S. B. 240, a bill to amend Chapters 160 and 97 of the General Statutes 
to authorize municipalities to establish auxiliary police departments and to 
provide workmen's compensation benefits to the members thereof, with a 
favorable report. 

S. B. 247, a bill relating to filling vacancies on boards of county com- 
missioners, with a favorable report. 

S. B. 248, a bill authorizing boards of county commissioners to fix a 
date for their regular monthly meetings other than first Mondays, with a 
favorable report, as amended. 

S. B. 249, a bill relating to the clerk to the board of county commissioners, 
with a favorable report. 

S. B. 259, a bill to amend General Statutes 160-453.5 and General Statutes 
160-453.17 relating to annexation by municipalities in Burke and Caldwell 
Counties, with an unfavorable report. 



1969] SENATE JOURNAL 233 

S. B. 268, a bill to authorize the governing board of the city of Roxboro 
to make street and sidewalk improvements and to specially assess the cost 
thereof without a petition, with a favorable report. 

S. B. 278, a bill to amend Chapter 36 of Session Laws of 1965 relating 
to the corporate limits of the town of Farmville, with a favorable report. 

S. B. 279, a bill to provide for an election in the town of Farmville on the 
question of amending the town charter to establish the office of town 
manager, with a favorable report. 

H. B. 50, a bill authorizing the board of county commissioners of the 
several counties of the state to fix their compensation, with a favorable 
report. 

H. B. 52, a bill to allow the governing bodies of the several cities and 
towns of the state to fix their own compensation, with a favorable report. 

H. B. 237, a bill to authorize any county operating an ambulance service 
to appoint an ambulance commission and delegate powers thereto, with a 
favorable report. 

H. B. 238, a bill to amend Chapter 887 of the Session Laws of 1947 to 
provide a one per cent (1%) discount upon certain ad valorem tax pre- 
payments, with a favorable report. 

H. B. 260, a bill to amend Sections 105-306(26); 105-308; 105-309 and 
105-310 of the General Statutes of North Carolina in order to authorize 
the board of commissioners of Cleveland County to prescribe regulations 
relating to the listing of property for taxation in that county, and to 
authorize the division or combining of townships for tax listing purposes, 
with a favorable report. 

H. B. 295, a bill to amend General Statutes 105-345, fixing discounts for 
prepayment of taxes in Stokes County, with a favorable report. 

H. B. 311, a bill to amend General Statutes 153-5 to provide for staggered 
terms of office for the county commissioners of Onslow County, with a 
favorable report. 

H. B. 312, a bill amending Chapter 146 of the Public Local Laws of 
1941 so as to provide that the members of the Utilities Commission of the 
city of Greenville may fix their salaries, subject to designated limits, with 
a favorable report. 

H. B. 325, a bill prohibiting the hunting of game animals with dogs 
between March 1 and October 15 in Beaufort County, with a favorable 
report. 

Upon motion of Senator Gurganus, the bill is placed on the Calendar for 
Tuesday, April 1, 1969. 

H. B. 326, a bill to extend the territorial jurisdiction of the police de- 
partment of the town of Manteo in Dare County, with a favorable report. 

H. B. 346, a bill to amend General Statutes 153-10.1 relating to removal 
and disposal of trash, garbage, etc., so as to make said Section applicable 
to Rockingham County, with a favorable report. 

H. B. 351, a bill to amend Chapter 324 of the Session Laws of North 
Carolina, 1961, being the charter of the town of Elon College relating to 
the adoption of ordinances and resolutions, with a favorable report. 



234 SENATE JOURNAL [Session 

H. B. 362, a bill to amend the charter of Lincolnton to increase the 
salary of the mayor and aldermen and to designate Lincolnton as the 
"City of Lincolnton", with a favorable report. 

H. B. 368, a bill to amend Chapter 362 of the Private Laws of 1905 
relating to the election of the mayor and commissioners of the town of 
Coats in Harnett County, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator Dent: S. B. 297, a bill to set the salary of the Buncombe 
County Board of Commissioners. 

Referred to Committee on Local Government. 

By Senators Edwards, Bowles and Murrow: S. B. 298, a bill to amend 
Chapter 385, Session Laws of 1949, as amended, relating to the schools of 
the Greensboro City Administrative Unit and governing body thereof. 

Referred to Committee on Education. 

By Senator Penn: S. B. 299, a bill to require special reflective devices 
to be displayed on the rear of slow-moving vehicles such as farm tractors 
and implements of husbandry operated on highways between sunset and 
sunrise. 

Referred to Committee on Highway Safety. 

By Senator Johnson: S. B. 300, a bill to provide for the nomination and 
election of the members of the Board of Education of Johnston County. 

Referred to Committee on Education. 

By Senators Wood and Harrington: S. B. 301, a bill to amend General 
Statutes 105-449 to provide an exemption from the State gasoline tax of 
motor fuels used in non-profit, non-public school transportation. 

Referred to Committee on Public Roads. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. J. R. 456, a joint resolution honoring the life and memory of George 
Randolph Uzzell, former member of the General Assembly. 

Upon motion of Senator Sapp the rules are suspended and the bill is 
placed upon its immediate passage. 

Passes its second and third readings and is ordered enrolled. 

H. B. Ill, a bill to amend General Statutes 20-20 to clarify the same 
relative to a chauffeur's license. 

Referred to Committee on Judiciary No. 2. 

H. B. 352, a bill to amend Chapter 93A of the General Statutes relating 
to real estate brokers and salesmen. 

Referred to Committee on Manufacturing, Labor and Commerce. 

H. B. 190, a bill relating to funeral and burial trust funds. 



1969] SENATE JOURNAL 235 

Referred to Committee on Insurance. 

H. B. 330, a bill to amend General Statutes 20-183.8 to allow thirty day 
grace period for expired auto inspection certificates and to authorize 
one way trip permits to allow uninspected vehicles to travel to nearby 
inspection stations. 

Referred to Committee on Public Roads. 

H. B. 407, a bill to make General Statutes 63-38, relating to depredation 
of domestic fowls, applicable in Wilkes County. 

Referred to Committee on Wildlife. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 228, a bill to amend Chapter 196, Session Laws of 1967, to authorize 
the appointment of ABC officers in the town of Mt. Pleasant, and to specify 
their jurisdiction. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 229, a bill to amend Chapter 195, Session Laws of 1967, to authorize 
the appointment of ABC officers in the city of Concord and to specify their 
jurisdiction. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 269, a bill relating to the election of the board of county com- 
missioners of Currituck County. 

Passes its second and third readings and is ordered enrolled. 

S. B. 144, a bill amending Article IV of Chapter 84 of the General 
Statutes so as to permit district bar associations to assess and collect 
annual membership fees for the promotion and maintenance of its ad- 
ministration, activities and programs, upon third reading. 

The bill, as amended, passes its third reading by roll call vote, ayes 34, 
noes 4, as follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Boger, 
Bowles, Bryan, Burney, Coggins, Currie, Edwards, Ellis, Evans, Folger, 
Griffin, Gurganus, Harrington, James, Joyner, McGeachy, Nielson, Norton, 
Patterson, Penn, Poovey, Reed, Robinson, Saunders, Scott, Staton, S. 
Warren of Sampson, L. Warren of Wayne, West, V. White of Pitt, Wilkie, 
Wood— 34. 

Those voting in the negative are: Senators Johnson, Kirby, Larkins, 
Rauch — 4. 

The bill, as amended, is ordered engrossed and sent to the House of 
Representatives. 

S. B. 214, a bill to amend General Statutes 20-183. 2(c) concerning safety 
equipment inspections of motor vehicles sold at retail. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 



236 SENATE JOURNAL [Session 

S. B. 265, a bill to amend General Statutes 20-129(d) concerning rear 
lamps on small trailers. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. J. R. 271, a joint resolution relative to a correction in Senate Joint 
Resolution 1 of the 1969 General Assembly. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 274, a bill to amend General Statutes 20-129.1(4), (5) and (6) 
concerning required lights on small trailers. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 284, a bill to amend General Statutes 20-20 to clarify the same 
relative to a chauffeur's license. 

Upon motion of Senator Poovey consideration of the bill is postponed 
until Thursday, April 3, 1969. 

H. B. 49, a bill to authorize county boards of elections to conduct a new 
registration of voters during the year 1969 pursuant to installing loose leaf 
registration as required by General Statutes 163-65. 

Upon motion of Senator Norton the Committee amendments are adopted. 

Upon motion of Senator Allsbrook consideration of the bill is postponed 
until Friday, March 28, 1969. 

Upon motion of Senator Edwards, the Senate adjourns to meet tomorrow 
at 10 o'clock. 



SIXTY-THIRD DAY 

Senate Chamber, 
Friday, March 28, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and is 
found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

Upon motion of Senators Poovey and Joyner, the courtesies of the gal- 
leries are extended to the Vocational Industrial Club of America of St. 
Stephens High School, Hickory, and to their teacher, Mr. Emory Carpenter. 

Upon motion of Senator Rauch, the President extends the courtesies of 
the galleries to City Councilman T. Jeffers of Gastonia, and Mrs. Jeffers. 

Upon motion of Senator Saunders, the President extends the courtesies 
of the galleries to Mayor John L. Frye of Robbins, and to Mrs. Frye who 
is Chairman of the Moore County Board of Education. 

Upon motion of Senator Ellis, the President extends the courtesies of 
the galleries to Mr. Glenn L. Hooper, Jr. of Jacksonville, who is the law 



1969] SENATE JOURNAL 237 

partner of Senator Ellis, and to Mrs. Hooper and their daughters, Lorraine 
and Nancy, who are made honorary pagettes of the Senate. 

The President grants leave of absence to Senator Boger for today, and 
to Senators Patterson and Allsbrook for Monday, March 31, 1969. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary of 
State: 

S. J. R. 295, a joint resolution inviting His Excellency, the Governor, to 
address a Joint Session of the Senate and House of Representatives at 
12:30 P.M., March 27, 1969. 

H. B. 229, an act repealing Chapter 602 of the Session Laws of 1963 
limiting the amount of school bonds which might be authorized for the 
County of Cabarrus and fixing such limitation for said county within the 
provisions of the County Finance Act. 

H. B. 232, an act to provide a supplemental retirement fund for firemen 
in the city of Wilson and to modify the application of General Statutes 
118-5, General Statutes 118-6 and General Statutes 118-7 to the city of 
Wilson. 

S. B. 132, an act rewriting General Statutes 106-245.16 relating to the 
North Carolina Egg Law. 

H. B. 263, an act to prohibit the taking of wildlife at night with the aid 
of an artificial light from or through the use of any conveyance. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Harrington, for the Committee on Public Roads: 

S. J. R. 255, a joint resolution requesting the Department of Motor 
Vehicles to change the numbering system currently employed in the 
issuance of official automobile registration plates to members of the General 
Assembly, with a favorable report. 

S. J. R. 137, a joint resolution directing the Department of Motor 
Vehicles to initiate, with the approval of the Governor, a system of semi- 
permanent registration plates for motor vehicles in lieu of the annual plate 
system now in effect, with a favorable report. 

S. B. 267, a bill to amend the State Highway Bond Act of 1965, subject 
to a vote of the people of the State, to remove the four per centum maximum 
interest rate limitation with respect to State of North Carolina highway 
bonds, with a favorable report. 

Upon motion of Senator Harrington, the bill is re-referred to the 
Committee on Finance. 

S. B. 301, a bill to amend General Statutes 105-449 to provide an 
exemption from the State gasoline tax of motor fuels used in non-profit, 
non-public school transportation, with a favorable report. 



238 SENATE JOURNAL [Session 

Upon motion of Senator Harrington, the bill is placed upon the Calendar 
for Tuesday, April 1, 1969. 

H. B. 330, a bill to amend General Statutes 20-183.8 to allow thirty day 
grace period for expired auto inspection certificates and to authorize one 
way trip permits to allow uninspected vehicles to travel to nearby in- 
spection stations, with a favorable report. 

By Senator Scott, for the Committee on Finance: 

H. B. 30, a bill to amend Chapter 105 of the General Statutes, relating 
to income tax, so as to exclude from gross income certain local law en- 
forcement officers' retirement benefits, with a favorable report. 

By Senator J. White of Cleveland, for the Committee on Local Govern- 
ment: 

S. B. 282, a bill providing for the determination of the tenure of office 
for members of the city council of the city of Roanoke Rapids, with a 
favorable report. 

H. B. 282, a bill to eliminate the requirement that not less than two 
members of the board of education of the Asheboro City Administrative 
Unit reside in territory outside the city of Asheboro, with a favorable 
report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senators Harrington, Maxwell, MacLean, Gurganus, Scott, Edwards, 
V. White of Pitt, Saunders, Allsbrook, Reed, Penn, Henley, Robinson, 
Wood, J. White of Cleveland, L. Warren of Wayne, Burney, McGeachy, 
Moore, Larkins, Patterson, Ellis, Rauch, Folger and Norton: S. B. 302, a 
bill to amend General Statutes 136-1 relating to the membership of the 
State Highway Commission. 

Referred to Committee on Public Roads. 

By Senators Henley, Ellis, Burney, McGeachy, Moore, Penn, J. White of 
Cleveland, Evans, Larkins, Scott, Maxwell, Harrington, Saunders, Allen, 
Reed, Robinson, L. Warren of Wayne, Patterson, S. Warren of Sampson 
and MacLean: S. B. 303, a bill with respect to State and regional planning. 

Referred to Committee on State Government. 

By Senators Henley, Moore, Saunders, Patterson, Evans, J. White of 
Cleveland, Larkins, Scott, S. Warren of Sampson, Reed, Allen, Ellis, Rauch, 
Burney, Maxwell, Harrington, Robinson, McGeachy, Penn, L. Warren of 
Wayne and MacLean: S. B. 304, a bill to establish the North Carolina De- 
partment of Local Affairs. 

Referred to Committee on State Government. 

By Senator Penn: S. B. 305, a bill to amend General Statutes 20-87(10) 
to place vehicle mounted well drilling equipment equipped with water tanks 
under the provision thereof. 

Referred to Committee on Highway Safety. 

By Senator Saunders: S. B. 306, a bill to amend Chapter 993, Session 
Laws of 1949, to make more definite the outside boundaries of Pinehurst, 
Moore County, North Carolina. 



1969] SENATE JOURNAL 239 

Referred to Committee on Local Government. 

By Senators Edwards, Bowles and Murrow: S. B. 307, a bill to authorize 
the Greensboro City Board of Education and the City of Greensboro to 
enter into contracts whereby the Board of Education may furnish the city 
certain services in connection with the city's recreation programs. 

Referred to Committee on Local Government. 

By Senator Scott: S. B. 308, a bill to add the president of the student 
government on each campus of the University of North Carolina to the 
Board of Trustees of the University of North Carolina as ex officio voting 
members. 

Referred to Committee on Higher Education. 

By Senator Folger: S. B. 309, a bill to authorize the creation and 
organization of a housing appeals board to which appeals may be taken 
from the decision of the building inspector upon any provision of the 
housing code of the town of Mount Airy in Surry County. 

Referred to Committee on Local Government. 

By Senator Burney: S. B. 310, a bill abolishing the North Carolina 
Seashore Commission, transferring the Seashore Commission's duties to 
the Department of Conservation and Development and for related purposes. 

Referred to Committee on Conservation and Development. 

By Senators Wood and Penn: S. B. 311, a bill to amend Chapter 146 of 
the General Statutes of North Carolina to authorize the Department of 
Administration to issue permits to riparian owners adjoining navigable 
waters to dredge in navigable waters and to establish a schedule of charges 
for spoil taken from navigable waters and State-owned lakes. 

Referred to Committee on Conservation and Development. 

By Senators Wood and Penn: S. B. 312, a bill to amend Chapter 146 of 
the General Statutes of North Carolina to establish regulations to preserve 
the natural beauty of navigable waters within the State. 

Referred to Committee on Conservation and Development. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

S. B. 116, a bill to amend the charter of the town of Liberty regarding 
elections, for concurrence in the House amendment. 

Upon motion of Senator Bowles, the Senate concurs in the House amend- 
ment and the bill is ordered enrolled. 

H. B. 299, a bill relating to hunting from public roads in Duplin County. 

Referred to Committee on Wildlife. 

H. B. 373, a bill to extend the jurisdiction of the Lincolnton ABC officer 
or officers to Lincoln County. 

Referred to Committee on Alcoholic Beverage Control. 



240 SENATE JOURNAL [Session 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 238, a bill to authorize the city of Lumberton to levy and collect 
taxes within the areas of the city administrative unit which are outside 
the corporate limits, upon second reading. 

The bill passes its second reading by roll call vote, ayes 45, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, Edwards, 
Ellis, Evans, Flaherty, Folger, Griffin, Harrington, Henley, James, Johnson, 
Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy, Moore, Nielson, 
Patterson, Penn, Poovey, Rauch, Reed, Robinson, Sapp, Saunders, Scott, 
Staton, S. Warren of Sampson, L. Warren of Wayne, J. White of Cleveland, 
V. White of Pitt, Wilkie, Wood— 45. 

S. B. 268, a bill to authorize the governing board of the city of Roxboro 
to make street and sidewalk improvements and to specially assess the cost 
thereof without a petition, upon second reading. 

The bill passes its second reading by roll call vote, ayes 45, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, Edwards, 
Ellis, Evans, Flaherty, Folger, Griffin, Harrington, Henley, James, Johnson, 
Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy, Moore, Nielson, 
Patterson, Penn, Poovey, Rauch, Reed, Robinson, Sapp, Saunders, Scott, 
Staton, S. Warren of Sampson, L. Warren of Wayne, J. White of Cleveland, 
V. White of Pitt, Wilkie, Wood— 45. 

S. B. 278, a bill to amend Chapter 36 of Session Laws of 1965 relating 
to the corporate limits of the town of Farmville, upon second reading. 

The bill passes its second reading by roll call vote, ayes 45, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, Edwards, 
Ellis, Evans, Flaherty, Folger, Griffin, Harrington, Henley, James, Johnson, 
Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy, Moore, Nielson, 
Patterson, Penn, Poovey, Rauch, Reed, Robinson, Sapp, Saunders, Scott, 
Staton, S. Warren of Sampson, L. Warren of Wayne, J. White of Cleveland, 
V. White of Pitt, Wilkie, Wood— 45. 

S. B. 161, a bill to amend Chapter 316 of the Session Laws of 1947, as 
amended, relating to professional bondsmen in Robeson County. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 266, a bill authorizing the commissioners of Caswell County to 
execute warranty deeds. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 



1969] SENATE JOURNAL 241 

S. B. 279, a bill to provide for an election in the town of Farmville on 
the question of amending the town charter to establish the office of town 
manager. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 238, a bill to amend Chapter 887 of the Session Laws of 1947 to 
provide a one per cent (1%) discount upon certain ad valorem tax pre- 
payments. 

Passes its second and third readings and is ordered enrolled. 

H. B. 260, a bill to amend Sections 105-306(26); 105-308; 105-309 and 
105-310 of the General Statutes of North Carolina in order to authorize 
the Board of Commissioners of Cleveland County to prescribe regulations 
relating to the listing of property for taxation in that county, and to 
authorize the division or combining of townships for tax listing purposes. 

Passes its second and third readings and is ordered enrolled. 

H. B. 295, a bill to amend General Statutes 105-345, fixing discounts for 
prepayment of taxes in Stokes County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 311, a bill to amend General Statutes 153-5 to provide for staggered 
terms of office for the county commissioners of Onslow County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 312, a bill amending Chapter 146 of the Public Local Laws of 1941 
so as to provide that the members of the Utilities Commission of the city 
of Greenville may fix their salaries, subject to designated limits. 

Passes its second and third readings and is ordered enrolled. 

H. B. 324, a bill to enlarge the membership of the county board of edu- 
cation of Tyrrell County from three members to five members. 

Passes its second and third readings and is ordered enrolled. 

H. B. 326, a bill to extend the territorial jurisdiction of the police de- 
partment of the town of Manteo in Dare County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 346, a bill to amend General Statutes 153-10.1, relating to removal 
and disposal of trash, garbage, etc., so as to make said section applicable 
to Rockingham County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 351, a bill to amend Chapter 324 of the Session Laws of North 
Carolina, 1961, being the charter of the town of Elon College relating to 
the adoption of ordinances and resolutions. 

Passes its second and third readings and is ordered enrolled. 

H. B. 357, a bill amending General Statutes 14-107 relating to the 
issuance of worthless checks and the punishment therefor so as to make 
certain provisions thereof relating to punishment effective in Brunswick 
County. 

Passes its second and third readings and is ordered enrolled. 



242 SENATE JOURNAL [Session 

H. B. 362, a bill to amend the charter of Lincolnton to increase the salary 
of the mayor and aldermen and to designate Lincolnton as the "City of 
Lincolnton". 

Passes its second and third readings and is ordered enrolled. 

H. B. 365, a bill to authorize the board of county commissioners of Nash 
County to compensate Mrs. Joe Powell for injuries received while in the 
service of Nash County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 368, a bill to amend Chapter 362 of the Private Laws of 1905 
relating to the election of the mayor and commissioners of the town of 
Coats in Harnett County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 376, a bill relating to the Fairmont City School Administrative 
Unit in Robeson County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 381, a bill to provide for the removal of unauthorized motor vehicles 
from private parking lots in Wake and Robeson Counties. 

Upon motion of Senator Bailey, the amendment offered by the Com- 
mittee is adopted. 

Passes its second and third readings, as amended, and is ordered sent to 
the House of Representatives for concurrence in the Senate amendment. 

H. B. 406, a bill to continue Mrs. Sylvia G. Ruby as a member of the 
Wake County Board of Education for the unexpired term of Harry E. 
Stewart. 

Passes its second and third readings and is ordered enrolled. 

S. B. 240, a bill to amend Chapters 160 and 97 of the General Statutes 
to authorize municipalities to establish auxiliary police departments and to 
provide workmen's compensation benefits to the members thereof. 

Upon motion of Senator McGeachy, consideration of the bill is postponed 
until Monday, March 31, 1969. 

S. B. 247, a bill relating to filling vacancies on boards of county com- 
missioners. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 248, a bill authorizing boards of county commissioners to fix a date 
for their regular monthly meetings other than first Mondays. 

Upon motion of Senator J. White of Cleveland, consideration of the bill 
is postponed until Tuesday, April 1, 1969. 

S. B. 249, a bill relating to the clerk to the board of county com- 
missioners. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 49, a bill to authorize county boards of elections to conduct a new 
registration of voters during the year 1969 pursuant to installing loose- 
leaf registration as required by General Statutes 163-65. 



1969] SENATE JOURNAL 243 

The bill, as amended, passes its second and third readings and is ordered 
sent to the House of Representatives for concurrence in Senate amend- 
ments. 

H. B. 50, a bill authorizing the board of county commissioners of the 
several counties of the State to fix their compensation. 

Upon motion of Senator J. White of Cleveland, consideration of the bill 
is postponed until Tuesday, April 1, 1969. 

H. B. 52, a bill to allow the governing bodies of the several cities and 
towns of the State to fix their own compensation. 

Upon motion of Senator J. White of Cleveland, consideration of the bill 
is postponed until Tuesday, April 1, 1969. 

H. B. 237, a bill to authorize any county operating an ambulance service 
to appoint an ambulance commission and delegate powers thereto. 

Passes its second and third readings and is ordered enrolled. 

H. B. 348, a bill to amend Chapter 20 of the General Statutes by placing 
therein a new definition of resident. 

Upon motion of Senator Ellis, the bill is recommitted to the Committee 
on Judiciary No. 2. 

Upon motion of Senator Coggins, the Senate adjourns to meet tomorrow 
morning at 9:30 o'clock, at which time only Public Local bills will be con- 
sidered, and adjournment will be until Monday evening at 8:00 o'clock. 



SIXTY-FOURTH DAY 

Senate Chamber, 
Saturday, March 29, 1969. 

The Senate meets pursuant to adjournment, and in the absence of 
Lieutenant Governor H. Patrick Taylor, Jr. and President Pro Tempore N. 
Hector McGeachy, Jr., the Principal Clerk, Roy Rowe, calls Senator Coggins 
to the Chair who calls the Senate to order and presides during the Session. 

Prayer is offered by Senator Coggins. 

Senator Bailey for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and found to 
be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

Upon motion of Senator Bailey, the Senate adjourns to meet Monday 
evening at 8 o'clock. 



SIXTY-FIFTH DAY 



Senate Chamber, 
Monday, March 31, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 



244 SENATE JOURNAL [Session 

Prayer is offered by the Reverend Jerold D. Shetler, Pastor of St. Giles 
Presbyterian Church, Raleigh. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of Saturday has been examined and 
is found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

The President extends the courtesies of the galleries to Mrs. Frank 
Swett, President, and nine members of the Wake Forest Woman's Club, 
Wake Forest. 

The President grants leave of absence to Senators Larkins, Patterson, 
Flaherty and West for tonight. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary of 
State: 

H. J. R. 456, a joint resolution honoring the life and memory of George 
Randolph Uzzell, former member of the General Assembly. 

H. B. 269, an act relating to the election of the Board of County Com- 
missioners of Currituck County. 

H. B. 335, an act to amend the charter of the city of Greensboro, the 
same being Chapter 37, Private Laws of 1923, as amended, and particularly 
as revised and reorganized by Chapter 1137, Session Laws of 1959, as 
amended. 

S. B. 173, an act to amend the Workmen's Compensation Act, regarding 
benefits. 

S. B. 213, an act to authorize a referendum in the town of Garland on 
alcoholic beverage control stores. 

S. B. 170, an act to authorize a referendum in the towns of Biscoe and 
Mount Gilead on alcoholic beverage control stores. 

S. B. 116, an act to amend the charter of the town of Liberty regarding 
elections. 

H. B. 237, an act to authorize "any county operating an ambulance service 
to appoint an ambulance commission and delegate powers thereto. 

H. B. 238, an act to amend Chapter 887 of the Session Laws of 1947 to 
provide a one per cent (1%) discount upon certain ad valorem tax pre- 
payments. 

H. B. 260, an act to amend Sections 105-306(26); 105-308; 105-309 and 
105-310 of the General Statutes of North Carolina in order to authorize 
the Board of Commissioners of Cleveland County to prescribe regulations 
relating to the listing of property for taxation in that county, and to 
authorize the division or combining of townships for tax listing purposes. 

H. B. 295, an act to amend General Statutes 105-345, fixing discounts for 
prepayment of taxes in Stokes County. 

H. B. 311, an act to amend General Statutes 153-5 to provide for staggered 
terms of office for the county commissioners of Onslow County. 



1969] SENATE JOURNAL 245 

H. B. 312, an act amending Chapter 146 of the Public Local Laws of 
1941 so as to provide that the members of the Utilities Commission of the 
city of Greenville may fix their salaries, subject to designated limits. 

H. B. 324, an act to enlarge the membership of the County Board of 
Education of Tyrrell County from three members to five members. 

H. B. 326, an act to extend the territorial jurisdiction of the police de- 
partment of the town of Manteo in Dare County. 

H. B. 346, an act to amend General Statutes 153-10.1, relating to removal 
and disposal of trash, garbage, etc., so as to make said Section applicable 
to Rockingham County. 

H. B. 351, an act to amend Chapter 324 of the Session Laws of North 
Carolina, 1961, being the charter of the town of Elon College relating to 
the adoption of ordinances and resolutions. 

H. B. 357, an act amending General Statutes 14-107 relating to the 
issuance of worthless checks and the punishment therefor so as to make 
certain provisions thereof relating to punishment effective in Brunswick 
County. 

H. B. 362, an act to amend the Charter of Lincolnton to increase the 
salary of the mayor and aldermen and to designate Lincolnton as the "City 
of Lincolnton". 

H. B. 365, an act to authorize the Board of County Commissioners of 
Nash County to compensate Mrs. Joe Powell for injuries received while in 
the service of Nash County. 

H. B. 368, an act to amend Chapter 362 of the Private Laws of 1905 
relating to the election of the mayor and commissioners of the town of 
Coats in Harnett County. 

H. B. 376, an act relating to the Fairmont City School Administrative 
Unit in Robeson County. 

H. B. 406, an act to continue Mrs. Sylvia G. Ruby as a member of the 
Wake County Board of Education for the unexpired term of Harry E. 
Stewart. 

S. B. 239, an act to provide procedures for election of Mayor and Board 
of Commissioners of Franklinville. 

S. B. 256, an act to amend the charter of the city of Roanoke Rapids 
for the purpose of providing for the election of the mayor by the eligible 
voters of the city, and increasing the time for the registration of voters 
in said city elections. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator Evans: S. B. 313, a bill to appropriate funds for the restora- 
tion of the home of Hezekiah Alexander, known as "The Old Rock House". 

Referred to Committee on Appropriations. 

By Senator Kirby, by request: S. B. 314, a bill to increase the tax rates 
upon the incomes of individuals and corporations. 

Referred to Committee on Finance. 



246 SENATE JOURNAL [Session 

By Senators Dent, Bagnal, Briggs, Bryan, Flaherty, Murrow, Nielson, 
Sapp, West, Joyner, Wilkie, Poovey and McGeachy: S. J. R. 315, a joint 
resolution honoring the life and memory of the Honorable Dwight David 
Eisenhower, former President of the United States. 

Upon motion of Senator Dent the rules are suspended and the bill is 
placed upon its immediate passage. 

Passes its second and third readings and is ordered sent to the House of 
Representatives by special messenger. 

By Senator Ellis: S. B. 316, a bill to make certain appropriations to the 
State Board of Education for the purpose of adding to the Onslow Technical 
Institute a two-year curriculum of transferable college courses in Liberal 
Arts and Sciences. 

Referred to Committee on Appropriations. 

By Senator Penn: S. B. 317, a bill to amend General Statutes 122-65.8 
so as to clarify the intent of the original act in regard to the commitment 
of chronic alcoholics by courts having jurisdiction over them to facilities 
of the Department of Mental Health. 

Referred to Committee on Judiciary No. 1. 

By Senator Penn: S. B. 318, a bill to create an Advisory Council on 
Alcoholism to the State Board of Mental Health. 

Referred to Committee on Mental Health. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. J. R. 492, a joint resolution in commemoration of the life and passing 
of Dwight David Eisenhower, soldier, president and revered citizen of 
world history. 

Upon motion of Senator McGeachy the rules are suspended and the bill 
is placed upon its immediate passage. 

Passes its second and third readings and is ordered enrolled. 

H. B. 141, a bill relating to right of appeal in drainage district hearings. 

Referred to Committee on Judiciary No. 1. 

H. B. 319, a bill to amend General Statutes 89-14 relating to land 
surveyors so as to amend said Act as it pertains to Alleghany County. 

Referred to Committee on Judiciary No. 2. 

H. J. R. 467, a joint resolution congratulating and commending the Red 
Springs High School's basketball team for their performance and sports- 
manship in winning the State 1-A Conference Basketball Championship. 

Upon motion of Senator MacLean the rules are suspended and the bill 
is placed upon its immediate passage. 

Passes its second and third readings and is ordered enrolled. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 



1969] SENATE JOURNAL 247 

S. B. 238, a bill to authorize the city of Lumberton to levy and collect 
taxes within the areas of the city administrative unit which are outside 
the corporate limits, upon third reading. 

The bill passes its third reading by roll call vote, ayes 42, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Bagnal, Bailey, 
Boger, Bowles, Briggs, Bryan, Currie, Edwards, Ellis, Evans, Folger, Griffin, 
Gurganus, Harrington, Henley, James, Johnson, Joyner, Kirby, MacLean, 
Maxwell, McGeachy, Moore, Murrow, Nielson, Norton, Penn, Poovey, Rauch, 
Reed, Robinson, Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. 
Warren of Wayne, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 
42. 

The bill is ordered sent to the House of Representatives. 

S. B. 268, a bill to authorize the governing board of the city of Roxboro 
to make street and sidewalk improvements and to specially assess the cost 
thereof without a petition, upon third reading. 

The bill passes its third reading by roll call vote, ayes 42, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Bagnal, Bailey, 
Boger, Bowles, Briggs, Bryan, Currie, Edwards, Ellis, Evans, Folger, Griffin, 
Gurganus, Harrington, Henley, James, Johnson, Joyner, Kirby, MacLean, 
Maxwell, McGeachy, Moore, Murrow, Nielson, Norton, Penn, Poovey, Rauch, 
Reed, Robinson, Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. 
Warren of Wayne, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 
42. 

The bill is ordered sent to the House of Representatives. 

S. B. 278, a bill to amend Chapter 36 of Session Laws of 1965 relating 
to the corporate limits of the town of Farmville, upon third reading. 

The bill passes its third reading by roll call vote, "yes 42, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Bagnal, Bailey, 
Boger, Bowles, Briggs, Bryan, Currie, Edwards, Ellis, Evans, Folger, Griffin, 
Gurganus, Harrington, Henley, James, Johnson, Joyner, Kirby, MacLean, 
Maxwell, McGeachy, Moore, Murrow, Nielson, Norton, Penn, Poovey, Rauch, 
Reed, Robinson, Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. 
Warren of Wayne, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 
42. 

The bill is ordered sent to the House of Representatives. 

S. B. 282, a bill providing for the determination of the tenure of office 
for members of the city council of the city of Roanoke Rapids. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 282, a bill to eliminate the requirement that not less than two 
members of the Board of Education of the Asheboro City Administrative 
Unit reside in territory outside the city of Asheboro. 

Passes its second and third readings and is ordered enrolled. 



248 SENATE JOURNAL [Session 

S. J. R. 137, a joint resolution directing the Department of Motor Vehicles 
to initiate, with the approval of the Governor, a system of semi-permanent 
registration plates for motor vehicles in lieu of the annual plate system 
now in effect. 

Upon motion of Senator Kirby consideration of the bill is postponed 
until Wednesday, April 2, 1969. 

S. B. 240, a bill to amend Chapters 160 and 97 of the General Statutes 
to authorize municipalities to establish auxiliary police departments and to 
provide workmen's compensation benefits to the members thereof. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. J. R. 255, a joint resolution requesting the Department of Motor 
Vehicles to change the numbering system currently employed in the issuance 
of official automobile registration plates to members of the General 
Assembly. 

Senator Rauch offers an amendment which is adopted. 

Senator Burney offers an amendment which fails of adoption. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

H. B. 30, a bill to amend Chapter 105 of the General Statutes, relating 
to income tax, so as to exclude from gross income certain local law en- 
forcement officers' retirement benefits. 

The bill passes its second reading. 

Upon objection of Senator Scott to its third reading, the bill remains 
upon the Calendar. 

H. B. 330, a bill to amend General Statutes 20-183.8 to allow thirty day 
grace period for expired auto inspection certificates and to authorize one 
way trip permits to allow uninspected vehicles to travel to nearby inspection 
stations. 

The bill passes its second reading. 

Upon objection of Senator Bailey to its third reading, the bill remains 
upon the Calendar. 

Upon motion of Senator Maxwell, the Senate adjourns to meet tomorrow 
at 12 M. 



SIXTY-SIXTH DAY 

Senate Chamber, 
Tuesday, April 1, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the 
Senate. 

Senator Dent for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 



1969] SENATE JOURNAL 249 

to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

The President extends the courtesies of the floor to Superior Court Judge 
Edward B. Clark, a former member of this Body from Bladen County. 

The President grants leave of absence to Senators V. White of Pitt and 
Johnson for today. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Boger, for the Committee on Judiciary No. 2: 

H. B. Ill, a bill to amend General Statutes 20-20 to clarify the same 
relative to a chauffeur's license, with a favorable report, as amended. 

By Senator Maxwell, for the Committee on Correctional Institutions and 
Law Enforcement: 

S. B. 244, a bill to authorize the transfer of county prisoners to the State 
Department of Correction when county jail facilities are insufficient and 
inadequate, and to authorize the Council of State to assist the counties in 
paying the cost thereof in certain cases, with a favorable report. 

By Senator Staton, for the Committee on Manufacturing, Labor and 
Commerce : 

H. B. 352, a bill to amend Chapter 93A of the General Statutes relating 
to real estate brokers and salesmen, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator Evans: S. B. 319, a bill to authorize the State Board of 
Education and local boards of education to engage in educational research 
and special educational projects. 

Referred to Committee on Education. 

By Senator Evans: S. B. 320, a bill to provide for the allotment of 
teachers by the State Board of Education. 

Referred to Committee on Education. 

By Senators Bailey, Coggins, James, Evans, Larkins, Norton, McGeachy, 
Moore, Rauch, Ellis, Sapp, Reed, Harrington, Folger, Flaherty, Gurganus, 
Kirby, Currie, Staton, Maxwell, Boger, Murrow, L. Warren of Wayne, 
Burney, Penn and Briggs: S. B. 321, a bill relating to the length of time 
the state fair in Raleigh shall run. 

Referred to Committee on Agriculture. 

By Senator Dent: S. B. 322, a bill to provide for the appointment of a 
Veterans Service Officer of Mitchell County and to fix his compensation. 

Referred to Committee on Local Government. 

By Senator Rauch: S. B. 323, a bill amending Article 7 of Chapter 153 
of the General Statutes to provide greater flexibility in the enforcement of 
the minimum jail standards. 



250 SENATE JOURNAL [Session 

Referred to Committee on Correctional Institutions and Law Enforcement. 

By Senator Rauch: S. B. 324, a bill to provide for the confinement of 
persons convicted of crimes in the State Department of Correction while 
awaiting judicial determinations of appeals. 

Referred to Committee on Correctional Institutions and Law Enforce- 
ment. 

By Senator Rauch: S. B. 325, a bill amending General Statutes 131-126.7 
so as to provide for certain detention facilities in public hospitals. 

Referred to Committee on Correctional Institutions and Law Enforce- 
ment. 

By Senator Rauch: S. B. 326, a bill amending the General Statutes 
relating to the hiring of prisoners in the Department of Correction for 
work on city and county properties. 

Referred to Committee on Correctional Institutions and Law Enforce- 
ment. 

By Senator Rauch: S. B. 327, a bill amending General Statutes 162-22 
relating to fees paid to jailers for the care of prisoners placed in their 
custody. 

Referred to Committee on Correctional Institutions and Law Enforce- 
ment. 

By Senator Rauch: S. B. 328, a bill amending General Statutes 122.61 
and General Statutes 122.36 to provide for the detention of certain mentally 
ill and inebriate persons in public hospitals. 

Referred to Committee on Correctional Institutions and Law Enforce- 
ment. 

By Senator Rauch: S. B. 329, a bill to establish a jail and detention 
service within the office of the Attorney General of North Carolina. 

Referred to Committee on Correctional Institutions and Law Enforce- 
ment. 

By Senator Rauch: S. B. 330, a bill to provide for the delivery of lists 
of prisoners held in local jails to judges and solicitors before certain terms 
of court. 

Referred to Committee on Correctional Institutions and Law Enforce- 
ment. 

By Senator Rauch: S. B. 331, a bill amending Article 7 of Chapter 153 of 
the General Statutes to provide for the separation of certain categories of 
persons in local jails. 

Referred to Committee on Correctional Institutions and Law Enforce- 
ment. 

By Senator Rauch: S. B. 332, a bill amending General Statutes 7-73.1 
to provide that defendants confined in jail before trial be tried before 
defendants not so confined. 

Referred to Committee on Judiciary No. 1. 

By Senator Rauch: S. B. 333, a bill amending Article 13 of Chapter 15 
of the General Statutes to provide a change in venue for the trials of 
certain persons. 

Referred to Committee on Judiciary No. 2. 



1969] SENATE JOURNAL 251 

By Senator Rauch: S. B. 334, a bill amending General Statutes 14-335 
to change the punishment of persons convicted of public drunkeness. 

Referred to Committee on Judiciary No. 1. 

By Senator Rauch: S. B. 335, a bill amending Chapter 153 of the 
General Statutes to provide for the prohibition of houses of correction and 
district prison farms. 

Referred to Committee on Correctional Institutions and Law Enforce- 
ment. 

By Senator Rauch: S. B. 336, a bill amending Article 7 of Chapter 153 
of the General Statutes to provide for the certification of local jails for 
certain purposes. 

Referred to Committee on Correctional Institutions and Law Enforce- 
ment. 

By Senator Rauch: S. B. 337, a bill to provide for uniform standards on 
bail, summons and release on recognizance. 

Referred to Committee on Judiciary No. 2. 

By Senators Edwards, Bowles and Murrow: S. B. 338, a bill authorizing 
the Greensboro City Board of Education to execute and deliver a quitclaim 
deed for certain land. 

Referred to Committee on Judiciary No. 2. 

By Senator Bailey: S. B. 339, a bill to recodify and clarify Chapter 108 
of the General Statutes of North Carolina entitled "Board of Public- 
Welfare". 

Referred to Committee on Public Welfare. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 221, a bill amending General Statutes 7A-196 relating to trials in 
district court so as to provide for the transfer of criminal cases without 
hearing in district court when the defendant demands a jury trial. 

Referred to Committee on Courts and Judicial Districts. 

H. B. 333, a bill to amend General Statutes 105-345, fixing discounts for 
prepayment of taxes in Johnston County. 

Referred to Committee on Local Government. 

H. B. 363, a bill to extend the time for incorporation of a municipal 
corporation in Lincoln County. 

Referred to Committee on Local Government. 

H. B. 364, a bill to provide credit toward the satisfaction of the sentence 
when the defendant is unable to secure his release on bail pending appeal. 

Referred to Committee on Judiciary No. 1. 

H. B. 377, a bill to amend Chapter 952 of the Session Laws of 1959 
relating to water connections in the town of Havelock. 

Referred to Committee on Local Government. 



252 SENATE JOURNAL [Session 

H. B. 372, a bill to allow petition by fifty per cent of the property owners 
for street improvement in Lincolnton. 

Referred to Committee on Local Government. 

H. B. 423, a bill to reactivate the charter of the town of Arapahoe, and 
to appoint the mayor and commissioners. 

Referred to Committee on Local Government. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

H. B. 325, a bill prohibiting the hunting of game animals with dogs 
between March 1 and October 15 in Beaufort County. 

Upon motion of Senator Moore the bill is re-referred to the Committee on 
Wildlife. 

H. B. 30, a bill to amend Chapter 105 of the General Statutes, relating 
to income tax, so as to exclude from gross income certain local law en- 
forcement officers' retirement benefits, upon third reading. 

The bill passes its third reading and is ordered enrolled. 

H. B. 330, a bill to amend General Statutes 20-183.8 to allow thirty day 
grace period for expired auto inspection certificates and to authorize one 
way trip permits to allow uninspected vehicles to travel to nearby in- 
spection stations, upon third reading. 

The bill passes its third reading and is ordered enrolled. 

S. B. 248, a bill authorizing boards of county commissioners to fix a 
date for their regular monthly meetings other than first Mondays. 

Upon motion of Senator J. White of Cleveland the bill is re-referred to 
the Committee on Local Government. 

S. B. 284, a bill to amend General Statutes 20-20 to clarify the same 
relative to a chauffeur's license. 

Upon motion of Senator Poovey, action on the bill is postponed until 
Wednesday, April 2, 1969. 

S. B. 301, a bill to amend General Statutes 105-449 to provide an 
exemption from the State gasoline tax of motor fuels used in non-profit, 
non-public school transportation. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 50, a bill authorizing the board of county commissioners of the 
several counties of the State to fix their compensation. 

Upon motion of Senator Penn, action on the bill is postponed until 
Wednesday, April 2, 1969. 

H. B. 52, a bill to allow the governing bodies of the several cities and 
towns of the State to fix their own compensation, upon second reading. 

The bill passes its second reading. 

Upon objection of Senator Burney to its third reading, the bill remains 
upon the Calendar. 



1969] SENATE JOURNAL 253 

Upon motion of Senator Ellis, the Senate adjourns in honor of the 
memory of former President Dwight David Eisenhower, to meet tomorrow 
at 12 M. 



SIXTY-SEVENTH DAY 

Senate Chamber, 
Wednesday, April 2, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming', Senate Chaplain. 

Senator Moore for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

The President extends the courtesies of the galleries and the floor to 
Mr. Archie K. Davis, Chairman of the Board of Directors of Wachovia 
Bank and Trust Company, and a former Senator from Forsyth County. 

Upon motion of Senator West, the President extends the courtesies of the 
galleries to Mr. Walter F. Jackson, principal Chief of the Eastern Band 
of the Cherokee Tribe, Cherokee. 

The President grants leave of absence to Senator V. White of Pitt for 
today. 

Upon motion of Senator Patterson, S. B. 115, a bill providing the city of 
Albemarle, North Carolina, alternative methods of assessing the cost of 
extending water and sewer lines, is ordered recalled from the House of 
Representatives for further consideration by the Senate. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Norton, for the Committee on Election Laws: 
S. B. 65, a bill to amend Chapter 163 of the General Statutes so as to 
permit voting precincts to include voters from one or more townships, 
with an unfavorable report as to bill, favorable as to Committee Substitute 
bill. 

Upon motion of Senator Boger the Substitute bill is placed on today's 
Calendar. 

H. B. 309, a bill to amend General Statutes 163-151 relating to single 

shot voting so as to make Section 3, Sub-Section (b) thereof inapplicable 

to Hoke County, with a favorable report. 

By Senator Henley, for the Committee on State Government: 

H. B. 294, a bill to amend General Statutes 163-117 so as to provide for 

numbered seats in the forty-first district of the House of Representatives, 

with a favorable report. 



254 SENATE JOURNAL [Session 

S. B. 2, a bill to establish a system of youth councils that will provide 
the youth of North Carolina an opportunity to develop leadership skills 
and become responsible citizens, with an unfavorable report as to bill, 
favorable as to Committee Substitute bill, as amended. 

Upon motion of Senator Henley the Substitute bill is placed on today's 
Calendar. 

By Senator Bailey, for the Committee on Courts and Judicial Districts: 

H. B. 291, a bill abolishing the salary of the constable of Henderson 
township in Vance County, with a favorable report. 

By Senator Edwards, for the Committee on Insurance: 

H. B. 142, a bill to amend General Statutes 20-17.1 (b), General Statutes 
20-23.1, General Statutes 20-141.3(f), General Statutes 20-279. 13(c), General 
Statutes 20-279.14 and General Statutes 20-279. 16(b), to remove therefrom 
provisions relative to furnishing proof of financial responsibility, with a 
favorable report. 

H. B. 190, a bill relating to funeral and burial trust funds, with a 
favorabel report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator Sapp: S. B. 340, a bill amending Chapter 153, Section 9(43) 
of the General Statutes of North Carolina, relating to a special tax for the 
expenses of the office of County Accountant, Farm and Home Demonstra- 
tion and the Veterans Service Officer. 

Referred to Committee on Finance. 

By Senators James and Larkins: S. J. R. 341, a joint resolution to urge 
the opening of more diploma schools of nursing. 

Referred to Committee on Public Health. 

By Senators Kirby, Robinson and S. Warren of Sampson: S. B. 342, a 
bill to amend Article 5, Chapter 105 of the General Statutes of North 
Carolina to provide for the levy of a statewide uniform one percent (1%) 
surtax upon the sales, use and other taxable transactions subject to the 
sales and use tax levied for state purposes and to allocate the proceeds 
of said surtax, one-half to the General Fund and one-half to the counties 
and municipalities of North Carolina. 

Referred to Committee on Finance. 

By Senator Currie: S. B. 343, a bill to amend General Statutes 18-37 
and 18-38 relating to the State Board of Alcoholic Control and the Director 
of the Board. 

Referred to Committee on Alcoholic Beverage Control. 

By Senators Henley and McGeachy: S. B. 344, a bill to provide a supple- 
mental retirement fund for firemen in the city of Fayetteville and to modify 
the application of General Statutes 118-5, 118-6 and 118-7 to the city of 
Fayetteville. 

Referred to Committee on Local Government. 



1969] SENATE JOURNAL 255 

By Senators Henley and Bailey: S. B. 345, a bill to authorize the North 
Carolina Board of Pharmacy to adopt a code of professional conduct for 
the practice of pharmacy. 

Referred to Committee on Public Health. 

By Senator Scott: S. B. 346, a bill to provide for the codification and 
printing of the Revenue Act, the same being Chapter 158 of the Public 
Laws of 1939, as amended. 

Referred to Committee on Finance. 

By Senator Scott: S. B. 347, a bill to provide for the codification and 
printing of the Machinery Act, the same being Chapter 310 of the Public 
Laws of 1939, as amended. 

Referred to Committee on Finance. 

By Senators Bailey, L. Warren of Wayne and Harrington: S. B. 348, a 
bill to revise and clarify the jurisdiction and procedures applicable to 
children in the District Court. 

Referred to Committee on Courts and Judicial Districts. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

S. B. 5, a bill to make certain technical and clarifying amendments to 
General Statutes Chapter 9, "Jurors", for concurrence in House amendment. 

Upon motion of Senator Bailey the bill is placed upon the Calendar for 
Monday, April 7, 1969. 

H. B. 233, a bill to require special reflective devices to be displayed on 
the rear of slow-moving vehicles such as farm tractors and implements of 
husbandry operated on highways between sunset and sunrise. 

Referred to Committee on Highway Safety. 

H. J. R. 306, a joint resolution authorizing and directing the Legislative 
Research Commission to study North Carolina's health manpower needs, 
measures to inci - ease the supply, and means to accomplish indicated 
changes in the health care system. 

Referred to Committee on Public Health. 

H. B. 366, a bill amending the charter of the city of New Bern in Craven 
County. 

Referred to Committee on Local Government. 

H. B. 382, a bill to fix the compensation of the chairman and members 
of the Charlotte-Mecklenburg Board of Education. 

Referred to Committee on Local Government. 

H. B. 378, a bill to appoint certain members of the board of education 
of the respective counties of North Carolina and to fix their terms of office. 

Referred to Committee on Education. 

H. B. 400, a bill to amend General Statutes 153-48.3, relating to the 
compensation of employees engaged in the county's ambulance service in 
Pasquotank County. 



256 SENATE JOURNAL [Session 

Referred to Committee on Local Government. 

H. B. 411, a bill to authorize Pasquotank County to enter into contracts 
for a retirement system. 

Referred to Committee on Local Government. 

H. B. 419, a bill amending Chapter 456 of the 1965 Session Laws relating 
to the salaries of certain officials of Pender County. 

Referred to Committee on Local Government. 

H. B. 425, a bill to authorize the governing body of the town of Red 
Springs, North Carolina, to appoint a city manager and to prescribe his 
powers and duties. 

Referred to Committee on Local Government. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

H. B. 52, a bill to allow the governing bodies of the several cities and 
towns of the state to fix their own compensation, upon third reading. 

The bill passes its third reading and is ordered enrolled. 

S. J. R. 137, a joint resolution directing the Department of Motor Vehicles 
to initiate, with the approval of the Governor, a system of semi-permanent 
registration plates for motor vehicles in lieu of the annual plate system 
now in effect. 

Upon motion of Senator Kirby consideration of the bill is postponed until 
Tuesday, April 8, 1969. 

S. B. 244, a bill to authorize the transfer of county prisoners to the State 
Department of Correction when county jail facilities are insufficient and 
inadequate and to authorize the Council of State to assist the counties 
in paying the cost thereof in certain cases. 

Senator Bailey offers an amendment which is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

H. B. 50, a bill authorizing the board of county commissioners of the 
several counties of the State to fix their compensation. 

Passes its second and third readings and is ordered enrolled. 

H. B. Ill, a bill to amend General Statutes 20-20 to clarify the same 
relative to a chauffeur's license. 

Upon motion of Senator Boger the Committee amendment is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
sent to the House of Representatives for concurrence in the Senate amend- 
ment. 

S. B. 284, a bill to amend General Statutes 20-20 to clarify the same 
relative to a chauffeur's license. 

Upon motion of Senator Poovey consideration of the bill is postponed 
indefinitely. 

H. B. 352, a bill to amend Chapter 93A of the General Statutes relating 
to real estate brokers and salesmen. 



1969] SENATE JOURNAL 257 

The bill passes its second reading. 

Upon objection of Senator J. White of Cleveland to its third reading the 
bill remains on the Calendar. 

Committee Substitute for S. B. 2, a bill to establish a system of Youth 
Councils that will provide the youth of North Carolina an opportunity to 
develop leadership skills and become responsible citizens. 

Upon motion of Senator Henley the Committee Substitute bill is adopted, 
and the bill remains upon the Calendar. 

Committee Substitute for S. B. 65, a bill to amend Chapter 163 of the 
General Statutes so as to permit voting precincts to include voters from 
one or more townships. 

Upon motion of Senator Boger the Committee Substitute is adopted, 
and the bill remains upon the Calendar. 

Upon motion of Senator Bagnal, the Senate adjourns in honor of the 
memory of former President Dwight David Eisenhower, to meet tomorrow 
at 12 M. 



SIXTY-EIGHTH DAY 

Senate Chamber, 
Thursday, April 3, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Charles W. Ward, Pastor of the First 
Baptist Church, Wilmington Street, Raleigh, and former President of the 
Raleigh Ministerial Association. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and is 
found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

Upon motion of Senator Griffin, the President extends the courtesies of 
the galleries to Mrs. Willis Liles and to Mrs. Thomas Riggan of Aurelian 
Springs, the sister and niece of Senator Griffin, and Tommy Riggan is 
made an honorary page of the Senate. 

The President presents to the Senate Mr. Pete Fensel, President of the 
North Carolina Azalea Festival. The President appoints Senator Burney 
and his son, John J. Burney III, to escort Mr. Fensel and Miss Janet 
Evans, the Teenage Azalea Princess, to the well of the Senate, where Mr. 
Fensel extends to the Senate an invitation to attend the 22nd annual North 
Carolina Azalea Festival, which will be held in Wilmington from April 10 
through April 13. 

The President grants leave of absence to Senator Bowles for today and 
tomorrow, April 4, 1969. 

The President grants leave of absence to Senators Wood and West for 
tomorrow, April 4, 1969. 



258 SENATE JOURNAL [Session 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary of 
State: 

S. J. R. 207, a joint resolution establishing a Wake County Bicentennial 
Commission. 

H. J. R. 467, a joint resolution congratulating and commending the Red 
Springs High School's basketball team for their performance and sports- 
manship in winning the State 1-A Conference Basketball Championship. 

H. J. R. 492, a joint resolution in commemoration of the life and passing 
of Dwight David Eisenhower, Soldier, President, and revered citizen of 
world history. 

S. B. 71, an act reducing the term of office of the Asheville City Council 
to two years. 

S. B. 162, an act to authorize the Thomasville City Board of Education 
to acquire certain land for a school site and to authorize purchase and 
payment of same on an installment basis. 

S. B. 209, an act to amend General Statutes 153-5 to provide for staggered 
terms of office for the county commissioners of Onslow County. 

S. B. 231, an act extending the jurisdiction of the police officers of the 
city of Morganton in Burke County. 

S. B. 232, an act to establish a supplementary pension fund for firemen 
in the town of Elkin. 

S. B. 241, an act authorizing the Wilkes County Board of Education to 
convey certain real property. 

H. B. 49, an act to authorize county boards of elections to conduct a new 
registration of voters during the year 1969 pursuant to installing loose- 
leaf registration as required by General Statutes 163-65. 

H. B. 282, an act to eliminate the requirements that not less than two 
members of the Board of Education of the Asheboro City Administrative 
Unit reside in territory outside the city of Asheboro. 

S. J. R. 315, a joint resolution honoring the life and memory of the 
Honorable Dwight David Eisenhower, former President of the United 
States. 

S. J. R. 198, a joint resolution urging the vocation guidance, recruitment 
and encouragement of students to enter premedical and medical education. 

H. B. 381, an act to provide for the removal of unauthorized motor 
vehicles from private parking lots in Wake and Robeson Counties. 

S. B. 177, an act amending General Statutes 153-9(35%) and 153-9(35%) 
relating to the authority of boards of county commissioners to expend 
nontax and tax revenues for soil and water conservation so as to make 
said statutes applicable to Caldwell County. 

S. B. 215, an act to amend Chapter 163 of the General Statutes so as to 
permit blind voters to select assistance without restriction. 

S. B. 225, an act to amend General Statutes 153-10.1 to authorize the 
board of county commissioners of Johnston County to regulate garbage 
disposal. 



1969] SENATE JOURNAL 259 

S. B. 236, an act to provide a supplemental retirement fund for firemen 
in the city of Clinton and to modify the application of General Statutes 
118-5, 118-6, and 118-7 to the city of Clinton. 

H. B. 30, an act to amend Chapter 105 of the General Statutes, relating 
to income tax, so as to exclude from gross income certain local law en- 
forcement officers' retirement benefits. 

H. B. 330, an act to amend General Statutes 20-183.8 to allow thirty day 
grace period for expired auto inspection certificates and to authorize one 
way trip permits to allow uninspected vehicles to travel to nearby in- 
spection stations. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Ellis, for the Committee on Judiciary No. 1: 

S. B. 280, a bill amending General Statutes 55-67 (b) relating to the 
voting of corporate stock, with a favorable report. 

S. B. 317, a bill to amend General Statutes 122-65.8 so as to clarify the 
intent of the original act in regard to the commitment of chronic alcoholics 
by courts having jurisdiction over them to facilities of the Department of 
Mental Health, with a favorable report. 

H. B. 141, a bill relating to right of appeal in drainage district hearings, 
with a favorable report. 

By Senator MacLean, for the Committee on Agriculture: 

S. B. 217, a bill to amend Chapter 81 of the General Statutes of North 
Carolina to require labeling of containers of construction mortar mixes, 
with an unfavorable report. 

By Senator J. White of Cleveland, for the Committee on Local Govern- 
ment: 

S. B. 251, a bill relating to meetings of the board of county commis- 
sioners, with an unfavorable report as to bill, favorable report as to Com- 
mittee Substitute bill. 

Upon motion of Senator J. White of Cleveland, the Committee Substitute 
bill is placed upon today's Calendar. 

S. B. 297, a bill to set the salary of the Buncombe County Board of Com- 
missioners, with a favorable report, as amended. 

S. B. 289, a bill to provide an election or referendum for a certain area 
in Robeson County on the question of whether or not it shall be annexed 
to the Lumberton City Administrative Unit and be subject to the school 
taxes levied in the Lumberton City Administrative Unit if so annexed, with 
a favorable report. 

S. B. 306, a bill to amend Chapter 993, Session Laws of 1949, to make 
more definite the outside boundaries of Pinehurst, Moore County, North 
Carolina, with a favorable report. 

S. B. 307, a bill to authorize the Greensboro City Board of Education and 
the City of Greensboro to enter into contracts whereby the Board of Edu- 



260 SENATE JOURNAL [Session 

cation may furnish the city certain services in connection with the city's 
recreation programs, with a favorable report. 

S. B. 309, a bill to authorize the creation and organization of a housing 
appeals board to which appeals may be taken from the decision of the 
building inspector upon any provision of the housing code of the town of 
Mount Airy in Surry County, with a favorable report. 

H. B. 333, a bill to amend General Statutes 105-345, fixing discounts for 
prepayment of taxes in Johnston County, with a favorable report. 

H. B. 363, a bill to extend the time for incorporation of a municipal 
corporation in Lincoln County, with a favorable report. 

H. B. 372, a bill to allow petition by fifty per cent of the property 
owners for street improvement in Lincolnton, with a favorable report. 

H. B. 423, a bill to re-activate the charter of the town of Arapahoe, and 
to appoint the mayor and commissioners, with a favorable report. 

By Senator Evans, for the Committee on Education: 

S. B. 320, a bill to provide for the allotment of teachers by the State 
Board of Education, with a favorable report. 

H. B. 226, a bill to provide an election or referendum for certain areas 
in Rockingham County on the question of whether or not they shall be 
annexed to the Madison-Mayodan City Administrative Unit, with a favor- 
able report. 

S. B. 300, a bill to provide for the nomination and election of the 
members of the board of education of Johnston County, with a favorable 
report. 

By Senator Moore, for the Committee on Wildlife: 

S. B. 140, a bill to create the North Carolina Zoological Authority and 
the North Carolina Zoo Site Commission, with a favorable report, as 
amended. 

H. B. 407, a bill to make General Statutes 68-38, relating to depredation 
of domestic fowls, applicable in Wilkes County, with a favorable report. 

H. B. 292, a bill to amend Chapter 215 of the Public-Local Laws of 1931, 
relating to fox hunting in Hoke and other counties so as to exempt Hoke 
County from the provisions of said act, with a favorable report. 

H. B. 299, a bill relating to hunting from public roads in Duplin County, 
with a favorable report. 

By Senator James, for the Committee on Public Health: 

S. B. 211, a bill pertaining to those persons who are eligible to instruct 
persons studying to become registered nurses, with a favorable report, as 
amended. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator Dent: S. B. 349, a bill to amend Chapter 936, Session Laws 
of 1963, to increase the membership of the board of county commissioners 
of Buncombe County. 



1969] SENATE JOURNAL 261 

Referred to Committee on Local Government. 

By Senators Murrow, Bowles, Bagnal, Allen, Poovey, Flaherty, Nielson, 
Wilkie, Edwards and West: S. B. 350, a bill to amend the General Statutes 
of North Carolina relating to the assignment of pupils and employees on 
public school buses eo as to prohibit assignments in excess of the seating 
capacity of the public school buses. 

Referred to Committe on Highway Safety. 

By Senator L. Warren of Wayne: S. B. 351, a bill to provide an 
emergency appropriation from the General Fund for the purpose of 
supplementing the appropriation to North Carolina State University at 
Raleigh for the construction of a Nuclear Science and Engineering Research 
Center. 

Referred to Committee on Appropriations. 

By Senator L. Warren of Wayne: S. B. 352, a bill to amend General 
Statutes 115-166 by exempting from the General Compulsory Attendance 
Law, upon certain conditions, a child afflicted by mental, emotional, or 
physical incapacities. 

Referred to Committee on Education. 

By Senator L. Warren of Wayne: S. B. 353, a bill to rewrite General 
Statutes 115-165 to establish an appeal procedure from the decision of a 
county or city school superintendent to exclude a child from the public 
schools. 

Referred to Committee on Judiciary No. 1. 

By Senator L. Warren of Wayne: S. B. 354, a bill to amend Chapter 105 
of the General Statutes to extend the definition of "Educational Institu- 
tions" to include foundations and others established for the sole benefit 
of such educational institutions as are State (and subdivisions) institutions. 

Referred to Committee on Finance. 

By Senator L. Warren of Wayne: S. B. 355, a bill to amend General 
Statutes 105-130.5 to eliminate capital gains tax to a corporation selling 
assets under the twelve-month plan of liquidation as allowed by Section 
337 of the Internal Revenue Code. 

Referred to Committee on Finance. 

By Senator L. Warren of Wayne: S. B. 356, a bill to amend General 
Statutes 105-204 providing a credit to resident beneficiaries of foreign 
trusts for foreign intangibles taxes paid. 

Referred to Committee on Finance. 

By Senator J. White of Cleveland: S. B. 357, a bill requiring the De- 
partment of Agriculture to admit to the State Fair without charge all 
children sixteen (16) years of age and under. 

Referred to Committee on Agriculture. 

By Senator Moore: S. B. 358, a bill to replace to the counties and 
municipalities therein those tax funds lost as a result of the reduction and 
elimination of the intangibles tax. 

Referred to Committee on Appropriations. 

By Senator Joyner: S. B. 359, a bill to redefine the corporate boundaries 
of the city of Statesville so as to include within one description all the 



262 SENATE JOURNAL [Session 

area embraced within the corporate limits, including those several areas 
incorporated by annexation, and certain property owned solely by the city. 

Referred to Committee on Local Government. 

By Senator James, by request: S. B. 360, a bill to exempt doctors in 
certain counties from jury duty. 

Referred to Committee on Courts and Judicial Districts. 

By Senators Ellis and Boger: S. B. 361, a bill to make the discharging 
of a firearm into an occupied dwelling a felony. 

Referred to Committee on Judiciary No. 1. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message from the House of Representatives is 
received: 

House of Representatives, 
Wednesday, April 2, 1969. 

Mr. President : 

Pursuant to your request, we are returning S. B. 115, "a bill to be entitled 
an act providing the city of Albemarle, North Carolina, alternative methods 
of assessing the cost of extending water and sewer lines", for further con- 
sideration by your Honorable Body. 

Respectfully, 

Jo Ann Smith, Principal Clerk 

Upon motion of Senator Patterson, S. B. 115, a bill providing the city of 
Albemarle, North Carolina, alternative methods of assessing the cost of 
extending water and sewer lines, is recommitted to the Committee on Local 
Government. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

S. B. 73, a bill to amend General Statutes 20-7(f) to permit a person 
temporarily residing outside North Carolina to renew an operator's license 
by mail, for concurrence in the House amendment. 

Upon motion of Senator Wood, the Senate concurs in the House amend- 
ment and the bill is ordered enrolled. 

H. B. 251, a bill to clarify provisions of Chapter 20 of the General Statutes 
concerning private and parochial school buses and school activity buses. 

Referred to Committee on Education. 

H. B. 405, a bill to amend General Statutes 118-20 so as to make the 
State Personnel Act applicable to the Secretary of the North Carolina Fire- 
men's Pension Fund. 

Referred to Committee on Personnel and Employment Programs. 

H. B. 412, a bill amending Chapter 552, Session Laws of 1957, the same 
being the charter of the town of Jefferson, so as to extend the corporate 
limits of said town. 



1969] SENATE JOURNAL 263 

Referred to Committee on Local Government. 

H. B. 416, a bill appointing the members of the board of education of 
Whiteville City School Administrative Unit. 

Referred to Committee on Judiciary No. 2. 

H. B. 453, a bill prohibiting the discharge of firearms on or across any 
highway in Haywood County. 

Referred to Committee on Wildlife. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

H. B. 291, a bill abolishing the salary of the constable of Henderson 
Township in Vance County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 309, a bill to amend General Statutes 163-151 relating to single 
shot voting so as to make Section 3, Sub-Section (b) thereof inapplicable 
to Hoke County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 352, a bill to amend Chapter 93A of the General Statutes relating 
to real estate brokers and salesmen, upon third reading. 

The bill passes its third reading and is ordered enrolled. 

Committee Substitute for S. B. 2, a bill to establish a system of Youth 
Councils that will provide the youth of North Carolina an opportunity to 
develop leadership skills and become responsible citizens. 

Upon motion of Senator Henley, the amendment offered by the Com- 
mittee is adopted. 

Senator Moore offers an amendment. 

Senator Burney moves that the bill be re-referred to the Committee on 
Appropriations. 

Upon motion of Senator Rauch, consideration of the bill is postponed 
until Tuesday, April 8, 1969. 

Committee Substitute for S. B. 65, a bill to amend Chapter 163 of the 
General Statutes so as to permit voting precincts to include voters from 
one or more townships. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 142, a bill to amend General Statutes 20-17.1 (b), General Statutes 
20-23.1, General Statutes 20-141.3 (f), General Statutes 20-279.13 (c), General 
Statutes 20-279.14 and General Statutes 20-279. 16(b), to remove therefrom 
provisions relative to furnishing proof of financial responsibility. 

Passes its second and third readings and is ordered enrolled. 

H. B. 190, a bill relating to funeral and burial trust funds. 

Passes its second and third readings and is ordered enrolled. 

H. B. 294, a bill to amend General Statutes 163-117 so as to provide for 
numbered seats in the Forty-First District of the House of Representatives. 

Passes its second and third readings and is ordered enrolled. 



264 SENATE JOURNAL [Session 

S. B. 251, a bill relating to meetings of the board of county commissioners. 

Upon motion of Senator J. White of Cleveland, the Committee Substitute 
bill is adopted. 

Upon motion of Senator Bagnal, the Senate adjourns to meet tomorrow 
morning at 10:00 o'clock. 



SIXTY-NINTH DAY 

Senate Chamber, 
Friday, April 4, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and 
is found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

Upon motion of Senators Nielson and Bagnal, the President extends the 
courtesies of the galleries to thirty-seven Girl Scouts from Troops 38 and 
651 of Winston-Salem, and to their leader Mrs. A. W. Baker. 

The President grants leave of absence to Senators V. White of Pitt, Ellis 
and Johnson for today. 

The President grants leave of absence to Senator Staton for Monday, 
April 7, 1969. 

ENROLLED bills 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary of 
State: 

H. B. 50, an act authorizing the board of county commissioners of the 
several counties of the State to fix their own compensation and allowances. 

H. B. 52, an act to allow the governing boards of the several cities and 
towns of the State to fix their own compensation and allowances and the 
compensation and allowances of the mayor. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator J. White of Cleveland, for the Committee on Local Govern- 
ment: 

S. B. 292, a bill to amend Article 6A of Chapter 153 of the General 
Statutes relating to the salaries of appointive and elective county officials 
and employees so as to make it applicable to Wilson County, with a 
favorable report. 



1969] SENATE JOURNAL 265 

S. B. 344, a bill to provide a supplemental retirement fund for firemen 
in the city of Fayetteville and to modify the application of General 
Statutes 118-5, 118-6 and 118-7 to the city of Fayetteville, with a favorable 
report. 

H. B. 366, a bill amending the charter of the city of New Bern in Craven 
County, with a favorable report. 

H. B. 382, a bill to fix the compensation of the chairman and members 
of the Charlotte-Mecklenburg Board of Education, with a favorable report. 

H. B. 400, a bill to amend General Statutes 153-48.3, relating to the 
compensation of employees engaged in the county's ambulance service in 
Pasquotank County, with a favorable report. 

H. B. 411, a bill to authorize Pasquotank County to enter into contracts 
for a retirement system, with a favorable report. 

H. B. 425, a bill to authorize the governing body of the town of Red 
Springs, North Carolina, to appoint a city manager and to prescribe his 
powers and duties, with a favorable report. 

By Senator Boger, for the Committee on Judiciary No. 2: 

H. B. 416, a bill appointing the members of the Board of Education of 
Whiteville City School Administrative Unit, with a favorable report, as 
amended. 

Upon motion of Senator Robinson the rules are suspended and the bill is 
placed on today's Calendar. 

By Senator L. Warren of Wayne, for the Committee on Appropriations: 

S. B. 351, a bill to provide an emergency appropriation from the General 
Fund for the purpose of supplementing the appropriation to North Carolina 
State University at Raleigh for the construction of a Nuclear Science and 
Engineering Research Center, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator Moore: S. B. 362, a bill to amend the Constitution of North 
Carolina to require convening of extra sessions of the General Assembly 
upon request of three-fifths of the members of each House. 

Referred to Committee on Constitution. 

By Senators Bagnal and Nielson: S. B. 363, a bill amending Chapter 296 
of Public-Local Laws for the year 1939, as amended, to permit the invest- 
ment of a maximum of fifty per cent (50<% ) of the assets of the Winston- 
Salem employees retirement fund in common stocks. 

Referred to Committee on Personnel and Employment Programs. 

By Senator J. White of Cleveland: S. B. 364, a bill to provide for the 
establishment of the Kings Mountain Lake Authority. 

Referred to Committee on Local Government. 

By Senators Boger, Henley and Poovey: S. J. R. 365, a joint resolution 
to encourage the North Carolina State Board of Nursing and the schools 
giving courses in practical nursing to give consideration to training suc- 
cessfully completed by persons in registered nurses courses. 



266 SENATE JOURNAL [Session 

Referred to Committee on Public Health. 

By Senator Scott: S. B. 366, a bill to provide special tax refunds to 
senior citizens of North Carolina whose financial resources are limited. 
Referred to Committee on Finance. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 313, a bill to add two new members to the Greenville City Board 
of Education and to provide that the City Council shall appoint members 
to said Board of Education without any recommendation from such Board 
of Education. 

Referred to Committee on Education. 

H. B. 329, a bill to provide for the election of the Hoke County Board 
of Education. 

Referred to Committee on Education. 

H. B. 404, a bill to amend Chapter 118 of the General Statutes, relating 
to the North Carolina Firemen's Pension Fund, so as to exclude from gross 
income certain retirement benefits from the North Carolina Firemen's 
Pension Fund. 

Referred to Committee on Finance. 

H. B. 438, a bill to amend General Statutes 115-126 so as to authorize the 
Asheboro City Board of Education in Randolph County to lease school 
facilities to the city of Asheboro for a term of twenty-five years. 

Referred to Committee on Judiciary No. 2. 

H. B. 502, a bill to increase the maximum number of members of school 
committees to seven persons in Cumberland County. 

Referred to Committee on Education. 

H. B. 503, a bill appointing certain members of Fairmont City Board of 
Education. 

Referred to Committee on Education. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 289, a bill to provide an election or referendum for a certain area 
in Robeson County on the question of whether or not it shall be annexed 
to the Lumberton City Administrative Unit and be subject to the school 
taxes levied in the Lumberton City Administrative Unit if so annexed, upon 
second reading. 

The bill passes its second reading by roll call vote, ayes 41, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Briggs, Bryan, Burney, Coggins, Currie, Dent, Edwards, 
Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, Joyner, 



1969] SENATE JOURNAL 267 

Kirby, Larkins, Maxwell, McGeachy, Moore, Murrow, Nielson, Patterson, 
Penn, Poovey, Rauch, Reed, Sapp, Saunders, Scott, Staton, S. Warren of 
Sampson, L. Warren of Wayne, J. White of Cleveland, Wilkie, Wood — 41. 

The bill remains upon the Calendar. 

S. B. 297, a bill to set the salary of the Buncombe County Board of 
Commissioners. 

Upon motion of Senator Dent the Committee amendment is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 300, a bill to provide for the nomination and election of the members 
of the Board of Education of Johnston County. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 306, a bill to amend Chapter 993, Session Laws of 1949, to make 
more definite the outside boundaries of Pinehurst, Moore County, North 
Carolina. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 307, a bill to authorize the Greensboro City Board of Education 
and the city of Greensboro to enter into contracts whereby the board of 
education may furnish the city certain services in connection with the 
city's recreation programs. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 309, a bill to authorize the creation and organization of a Housing 
Appeals Board to which appeals may be taken from the decision of the 
building inspector upon any provision of the Housing Code of the town of 
Mount Airy in Surry County. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 226, a bill to provide an election or referendum for certain areas in 
Rockingham County on the question of whether or not they shall be annexed 
to the Madison-Mayodan City Administrative Unit. 

Passes its second and third readings and is ordered enrolled. 

H. B. 292, a bill to amend Chapter 215 of the Public-Local Laws of 1931, 
relating to fox hunting in Hoke and other counties so as to exempt Hoke 
County from the provisions of said Act. 

Passes its second and third readings and is ordered enrolled. 

H. B. 299, a bill relating to hunting from public roads in Duplin County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 333, a bill to amend General Statutes 105-345, fixing discounts 
for prepayment of taxes in Johnston County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 363, a bill to extend the time for incorporation of a municipal 
corporation in Lincoln County. 

Passes its second and third readings and is ordered enrolled. 



268 SENATE JOURNAL [Session 

H. B. 372, a bill to allow petition by fifty per cent of the property owners 
for street improvement in Lincolnton. 

Passes its second and third readings and is ordered enrolled. 

H. B. 407, a bill to make General Statutes 68-38, relating to depredation 
of domestic fowls, applicable in Wilkes County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 423, a bill to reactivate the charter of the town of Arapahoe, and 
to appoint the mayor and commissioners. 

Passes its second and third readings and is ordered enrolled. 

S. B. 140, a bill to create the North Carolina Zoological Authority and 
the North Carolina Zoo Site Selection Commission. 

Upon motion of Senator Allsbrook the bill is re-referred to the Com- 
mittee on Appropriations. 

S. B. 211, a bill pertaining to those persons who are eligible to instruct 
persons studying to become registered nurses. 

Upon motion of Senator Henley the Committee amendment is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

Committee Substitute for S. B. 251, a bill relating to meetings of the 
board of county commissioners. 

The bill passes its second reading. 

Upon objection of Senator Larkins to its third reading, the bill is placed 
on the Calendar for Tuesday, April 8, 1969. 

S. B. 280, a bill amending General Statutes 55-67(b) relating to the 
voting of corporate stock. 

The bill passes its second reading. 

Upon objection of Senator Moore to its third reading, the bill is placed 
on the Calendar for Tuesday, April 8, 1969. 

S. B. 317, a bill to amend General Statutes 122-65.8 so as to clarify the 
intent of the original act in regard to the commitment of chronic alcoholics 
by courts having jurisdiction over them to facilities of the Department of 
Mental Health. 

The bill passes its second reading. 

Upon objection of Senator Allsbrook to its third reading, the bill is 
placed on the Calendar for Tuesday, April 8, 1969. 

S. B. 320, a bill to provide for the allotment of teachers by the State 
Board of Education. 

Upon motion of Senator Evans consideration of the bill is postponed 
until Thursday, April 10, 1969. 

H. B. 141, a bill relating to right of appeal in drainage district hearings. 
Passes its second and third readings and is ordered enrolled. 
H. B. 416, a bill appointing the members of the Board of Education of 
Whiteville City School Administrative Unit. 

Upon motion of Senator Robinson the Committee amendment is adopted. 



1969] SENATE JOURNAL 269 

The bill, as amended, passes its second and third readings and is ordered 
sent to the House of Representatives by special messenger for concurrence 
in the Senate amendment. 

Upon motion of Senator Boger, the Senate adjourns to meet tomorrow 
morning at 9:30 o'clock, at which time only Public Local bills will be 
considered, and adjournment will be until Monday evening at 8 o'clock. 



SEVENTIETH DAY 

Senate Chamber, 
Saturday, April 5, 1969. 

The Senate meets pursuant to adjournment, and in the absence of 
Lieutenant Governor H. Patrick Taylor, Jr. and President Pro Tempore N. 
Hector McGeachy, Jr., the Principal Clerk, Roy Rowe, calls Senator Coggins 
to the Chair who calls the Senate to order and presides during the Session. 

Prayer is offered by Senator Coggins. 

Senator Bailey for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

Upon motion of Senator Bailey, the Senate adjourns to meet Monday 
evening at 8 o'clock. 



SEVENTY-FIRST DAY 

Senate Chamber, 
Monday, April 7, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of Saturday has been examined and 
is found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

Upon motion of Senator S. Warren of Sampson, the President extends 
the courtesies of the galleries to Mrs. Norris C. Reed, Jr., wife of Senator 
Reed of Craven County, and to Mrs. Dorothy R. Thompson of Palo Alto, 
California and Mrs. Margaret Baxter, the sister and secretary, respectively, 
of Senator Reed. 

Upon motion of Senator Kirby, the President extends the courtesies of 
the galleries to Mrs. Charles H. Larkins, Jr., wife of Senator Larkins of 
Lenoir County. 

The President grants leave of absence to Senators Boger and Dent for 
tonight, and to Senator MacLean for tonight, and tomorrow, April 8, 1969. 



270 SENATE JOURNAL [Session 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary of 
State: 

H. B. Ill, an act to amend General Statutes 20-20 to clarify the same 
relative to a chauffeur's license. 

S. B. 73, an act to amend General Statutes 20-7 (f) to permit a person 
temporarily residing outside North Carolina to renew an operator's license 
by mail. 

S. B. 167, an act rewriting General Statutes 106-564.3 relating to assess- 
ments on cattle so as to provide for assessments on all cattle sold. 

S. B. 245, an act to amend Chapter 134 of the Session Laws of 1967 
relating to vacancies occurring on the Board of Trustees of the Sanford 
Graded School District. 

H. B. 142, an act to amend General Statutes 20-17.1 (b), General Statutes 
20-23.1, General Statutes 20-141.3 (f), General Statutes 20-279.13 (c), General 
Statutes 20-279.14 and General Statutes 20-279. 16(b), to remove therefrom 
provisions relative to furnishing proof of financial responsibility. 

H. B. 190, an act relating to funeral and burial trust funds. 

H. B. 291, an act abolishing the salary of the constable of Henderson 
Township in Vance County. 

H. B. 294, an act to amend General Statutes 163-117 so as to provide for 
numbered seats in the forty-first district of the House of Representatives. 

H. B. 407, an act to make General Statutes 68-38, relating to depredation 
of domestic fowls, applicable in Wilkes County. 

H. B. 423, an act to reactivate the charter of the town of Arapahoe, and 
to appoint the mayor and commissioners. 

H. B. 416, an act appointing the members of the board of education of 
Whiteville City School Administrative Unit. 

S. B. 224, an act authorizing Johnston County to levy special purpose 
taxes for certain purposes. 

S. B. 243, an act pertaining to the salaries of the sheriff and register of 
deeds of Cherokee County. 

S. B. 250, an act to amend Chapter 684 of the Session Laws of 1947 
relating to the charter of the city of Kings Mountain. 

H. B. 309, an act to amend General Statutes 163-151 relating to single 
shot voting so as to make Section 3, Subsection (b) thereof inapplicable 
to Hoke County. 

H. B. 352, an act to amend Chapter 93A of the General Statutes relating 
to real estate brokers and salesmen. 

H. B. 141, an act relating to right of appeal in drainage district hearings. 

H. B. 226, an act to provide an election or referendum for certain areas 
in Rockingham County on the question of whether or not they shall be 
annexed to the Madison-Mayodan City Administrative Unit. 

H. B. 292, an act to amend Chapter 215 of the Public-Local Laws of 1931, 
relating to fox hunting in Hoke and other counties so as to exempt Hoke 
County from the provisions of said Act. 



1969] SENATE JOURNAL 271 

H. B. 299, an act relating - to hunting from public roads in Duplin County. 

H. B. 333, an act to amend General Statutes 105-345, fixing discounts for 
prepayment of taxes in Johnston County. 

H. B. 363, an act to extend the time for incorporation of a municipal 
corporation in Lincoln County. 

H. B. 372, an act to allow petition by fifty percent of the property owners 
for street improvement in Lincolnton. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Wood, for the Committee on Highway Safety: 

S. B. 193, a bill to amend General Statutes 20-28 to provide for the 
seizure of a motor vehicle being operated by a person whose license is in 
a state of suspension or revocation, with an unfavorable report as to bill, 
favorable as to Committee substitute bill. 

Upon motion of Senator Wood the substitute bill is placed on today's 
Calendar. 

Committee Substitute for S. B. 218, a bill to require motor vehicles to be 
equipped with safe tires, with a favorable report, as amended. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator Kirby: S. J. R. 367, a joint resolution providing for the 
appointment of a Legislative Study Commission on Student Financial Aid. 

Referred to Committee on Higher Education. 

By Senator Sapp: S. B. 368, a bill authorizing the trustees of Rowan 
Technical Institute to convey real estate to Rowan County. 

Referred to Committee on Judiciary No. 2. 

By Senator James: S. B. 369, a bill to permit operation of training 
schools for nurses in 75-bed hospitals. 

Referred to Committee on Public Health. 

By Senator Folger: S. B. 370, a bill to amend General Statutes 15-47 
so as to authorize the custodian of a prisoner to have bail fixed. 

Referred to Committee on Judiciary No. 2. 

By Senators Moore and J. White of Cleveland: S. B. 371, a bill to prohibit 
members of the General Assembly from serving on boards of trustees of 
State supported colleges and universities. 

Referred to Committee on Higher Education. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 



272 SENATE JOURNAL [Session 

H. B. 178, a bill authorizing the board of commissioners for the county 
of Transylvania to fix the fees to be paid to the jailer for said County. 

Referred to Committee on Local Government. 

H. B. 343, a bill to direct the board of county commissioners of Ruther- 
ford County to invest the care, custody and control of the county jail in 
the sheriff of the county. 

Referred to Committee on Correctional Institutions and Law Enforce- 
ment. 

H. B. 268, a bill to provide for the broadcasting of certain public notices. 

Referred to Committee on Judiciary No. 1. 

H. B. 344, a bill to direct the board of county commissioners of Polk 
County to invest the care, custody and control of the county jail in the 
sheriff of the county. 

Referred to Committee on Correctional Institutions and Law Enforce- 
ment. 

H. B. 424, a bill to amend the charter of the city of Hickory to provide 
for the appointment of a special registration commissioner for city elections. 

Referred to Committee on Local Government. 

H. B. 443, a bill to change the style of the town of Raeford to the city of 
Raeford and to change the name of the board of commissioners to the 
city council. 

Referred to Committee on Local Government. 

H. B. 444, a bill to include Cumberland in the provisions for removal and 
disposal of trash and in the provisions regarding special assessments for 
water and sewer facilities. 

Referred to Committee on Local Government. 

H. B. 448, a bill fixing the compensation of the sheriff, auditor and 
register of deeds of New Hanover County. 

Referred to Committee on Local Government. 

H. B. 455, a bill to repeal the charter of the town of West Bladenboro. 

Referred to Committee on Local Government. 

H. B. 457, a bill to repeal Chapter 355 of the Public-Local Laws of 1941 
relating to elections in the town of Aurora. 

Referred to Committee on Election Laws. 

H. B. 458, a bill to make Chapter 504 of the Session Laws of 1965, 
relating to historic buildings and sites, applicable to the city of Wilmington. 

Referred to Committee on Local Government. 

H. B. 462, a bill to fix the salary of the register of deeds of Haywood 
County. 

Referred to Committee on Local Government. 

H. B. 463, a bill to amend the charter of the town of Forest City, 
Chapter 2 of the Private Laws of 1925. 

Referred to Committee on Local Government. 

H. B. 540, a bill to amend General Statutes 160-70 so as to clarify the 
status of county and municipal library employees. 



1969] SENATE JOURNAL 273 

Referred to Committee on Libraries. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows : 

S. B. 289, a bill to provide an election or referendum for a certain area 
in Robeson County on the question of whether or not it shall be annexed 
to the Lumberton City Administrative Unit and be subject to the school 
taxes levied in the Lumberton City Administrative Unit if so annexed, 
upon third reading. 

The bill passes its third reading by roll call vote, ayes 45, noes 0, as 
follows : 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Edwards, Ellis, 
Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, James, 
Johnson, Joyner, Kirby, Larkins, Maxwell, McGeachy, Moore, Murrow, 
Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson, Sapp, 
Saunders, Scott, S. Warren of Sampson, West, J. White of Cleveland, V. 
White of Pitt, Wilkie, Wood— 45. 

The bill is ordered sent to the House of Representatives. 

S. B. 344, a bill to provide a supplemental retirement fund for firemen 
in the city of Fayetteville and to modify the application of General Statutes 
118-5, 118-6 and 118-7 to the city of Fayetteville, upon second reading. 

The bill passes its second reading by roll call vote, ayes 45, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Edwards, Ellis, 
Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, James, 
Johnson, Joyner, Kirby, Larkins, Maxwell, McGeachy, Moore, Murrow, 
Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson, Sapp, 
Saunders, Scott, S. Warren of Sampson, West, J. White of Cleveland, V. 
White of Pitt, Wilkie, Wood— 45. 

The bill remains on the Calendar. 

H. B. 366, a bill amending the charter of the city of New Bern in Craven 
County, upon second reading. 

The bill passes its second reading by roll call vote, ayes 45, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Edwards, Ellis, 
Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, James, 
Johnson, Joyner, Kirby, Larkins, Maxwell, McGeachy, Moore, Murrow, 
Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson, Sapp, 
Saunders, Scott, S. Warren of Sampson, West, J. White of Cleveland, V. 
White of Pitt, Wilkie, Wood— 45. 

The bill remains on the Calendar. 

H. B. 382, a bill to fix the compensation of the chairman and members 
of the Charlotte-Mecklenburg Board of Education. 



274 SENATE JOURNAL [Session 

Passes its second and third readings and is ordered enrolled. 

H. B. 400, a bill to amend General Statutes 153-48.3, relating to the 
compensation of employees engaged in the county's ambulance service in 
Pasquotank County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 411, a bill to authorize Pasquotank County to enter into contracts 
for a retirement system. 

Passes its second and third readings and is ordered enrolled. 

H. B. 425, a bill to authorize the governing body of the town of Red 
Springs, North Carolina, to appoint a city manager and to prescribe his 
powers and duties. 

Passes its second and third readings and is ordered enrolled. 

S. B. 292, a bill to amend Article 6A of Chapter 153 of the General 
Statutes relating to the salaries of appointive and elective county officials 
and employees so as to make it applicable to Wilson County. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 351, a bill to provide an emergency appropriation from the General 
Fund for the purpose of supplementing the appropriation to North Carolina 
State University at Raleigh for the construction of a Nuclear Science and 
Engineering Research Center. 

Upon motion of Senator L. Warren of Wayne consideration of the bill is 
postponed until Tuesday, April 8, 1969. 

S. B. 5, a bill to make certain technical and clarifying amendments to 
General Statutes Chapter 9, "Jurors". 

Upon motion of Senator Bailey the Senate concurs in the House amend- 
ments and the bill is ordered enrolled. 

Committee Substitute for S. B. 193, a bill to amend General Statutes 
20-28 to provide for the seizure of a motor vehicle being operated by a 
person whose license is in a state of suspension or revocation. 

Upon motion of Senator Wood the Committee Substitute is adopted. 

Upon motion of Senator Poovey, the Senate adjourns to meet tomorrow 
at 12 M. 



SEVENTY-SECOND DAY 

Senate Chamber, 
Tuesday, April 8, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the 
Senate. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and 
is found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 



1969] SENATE JOURNAL 275 

Upon motion of Senator V. White of Pitt, the President extends the 
courtesies of the galleries to Mr. and Mrs. Richard Allsbrook, the son and 
daughter-in-law of Senator Allsbrook, and to their children, Alison and 
Richard, Jr., who are made honorary pages of the Senate. 

The President extends the courtesies of the galleries to Mrs. Charles K. 
Maxwell and Master John Maxwell, the wife and son of Senator Maxwell, 
and John is made an honorary page of the Senate. 

Upon motion of Senator Rauch, the President extends the courtesies of 
the galleries to Girl Scout Troop 70 of Gastonia, and to their leaders, 
Mrs. Neil Patrick and Mrs. Henry Musard. 

Upon motion of Senator Allen, the courtesies of the galleries are extended 
to Mrs. Elton Edwards and Mrs. Oscar Sapp, the wife and mother-in-law 
of Senator Edwards, and to Thornton and Ruth Edwards, the children of 
Senator and Mrs. Edwards. 

The President grants leave of absence to Senators Dent and Staton for 
today. 

Upon motion of Senator Griffin, Mr. C. Marcelle Williams, Department 
Commander of the North Carolina Department of the American Legion, 
is invited to address the Senate. 

The President appoints Senator Griffin and Mr. Jake Nurkin, a member 
of the House of Representatives Sergeant-at-Arms Staff, to escort Com- 
mander Williams and members of his party to the well of the Senate, where 
he brings greetings from some 42,000 legionnaires throughout the State 
who are currently celebrating their fiftieth year of dedicated service to 
God and Country. 

Upon motion of Senator Rauch, S. B. 324, a bill to provide for the con- 
finement of persons convicted of crimes in the State Department of 
Correction while awaiting judicial determinations of appeals, is taken from 
the Committee on Correctional Institutions and Law Enforcement and re- 
referred to the Committee on Judiciary No. 1. 

MESSAGES FROM THE GOVERNOR 

The following messages are received from His Excellency, Governor 
Robert W. Scott: 

The Honorable H. P. Taylor, Jr. 
Lieutenant Governor 
State of North Carolina 
Raleigh, North Carolina 

Dear Pat : 

I have the honor to transmit herewith the following appointments to the 
State Board of Agriculture, which must be confirmed by the Senate, in 
accordance with General Statutes 106-2: 

James Atwell Alexander 
Stony Point, North Carolina 
Term beginning 8-7-67 
Term expiring 5-4-73 
Fred N. Colvard 



276 SENATE JOURNAL [Session 

Jefferson, North Carolina 
Term beginning 8-7-67 
Term expiring 5-4-73 
G. E. Fisher 

Pendleton, North Carolina 
Term beginning 8-7-67 
Term expiring 5-4-73 
David Townsend, Jr. 
Rowland, North Carolina 
Term beginning 8-7-67 
Term expiring 5-4-73 

Cordially, 

Robert W. Scott 



Upon motion of Senator Allsbrook, the appointments as submitted in the 
Governor's Message are unanimously approved and confirmed for the posi- 
tion stated and for the time specified. 

The Honorable H. P. Taylor, Jr. 
Lieutenant Governor 
State of North Carolina 
Raleigh, North Carolina 

Dear Pat : 

I have the honor to transmit herewith the following appointments to 
the Board of Trustees of the Teachers' and State Employees' Retirement 
System, which must be confirmed by the Senate, in accordance with 
General Statutes 135-6(b)(3): 

James H. Councill 
Boone, North Carolina 
Term beginning 8-7-67 
Term expiring 4-5-71 
Sterling C. Manning 
Raleigh, North Carolina 
Term beginning 8-7-67 
Term expiring 4-5-71 
Mrs. Wincy Johnson Rooker 
Monroe, North Carolina 
Term beginning 8-7-67 
Term expiring 4-5-71 
Dr. John W. Pou 
Greenville, North Carolina 
Term beginning 7-15-68 
Term expiring 4-5-72 
Donald R. Lineberger 
Brevard, North Carolina 
Term beginning 6-24-68 
Term expiring 4-5-72 

Cordially, 
Robert W. Scott 



1969] SENATE JOURNAL 277 

Upon motion of Senator Currie, the appointments as submitted in the 
Governor's Message are unanimously approved and confirmed for the posi- 
tion stated and for the time specified. 

The Honorable H. P. Taylor, Jr. 
Lieutenant Governor 
State of North Carolina 
Raleigh, North Carolina 

Dear Pat : 

I have the honor to transmit herewith the following appointments to the 
Board of Directors of the North Carolina Sanatorium for the Treatment of 
Tuberculosis, which must be confirmed by the Senate, in accordance with 
General Statutes 131-62: 

Paul S. Cragan 
Sanford, North Carolina 
Term beginning 12-1-67 
Term expiring 4-29-73 
Mrs. Sadie L. McCain 
Wilson, North Carolina 
Term beginning 12-1-67 
Term expiring 4-29-73 
Mrs. Reid S. Monroe 
Salisbury, North Carolina 
Term beginning 12-1-67 
Term expiring 4-29-73 
Hardy Talton 
Pikeville, North Carolina 
Term beginning 12-1-67 
Term expiring 4-29-73 

Cordially, 

Robert W. Scott 

Upon motion of Senator Bryan, the appointments as submitted in the 
Governor's Message are unanimously approved and confirmed for the posi- 
tion stated and for the time specified. 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Boger, for the Committee on Judiciary No. 2: 

S. B. 76, a bill to provide for instruments to secure future advances and 
future obligations, with a favorable report, as amended. 

H. B. 319, a bill to amend General Statutes 89-14 relating to land 
surveyors so as to amend said act as it pertains to Alleghany County, with 
a favorable report. 

By Senator Ellis, for the Committee on Judiciary No. 1: 



278 SENATE JOURNAL [Session 

S. B. 361, a bill to make the discharging of a firearm into an occupied 
dwelling, building, shelter or other structure a felony, with an unfavorable 
report as to bill, favorable report as to Committee Substitute bill. 

Upon motion of Senator Ellis, the Committee Substitute bill is placed 
upon today's Calendar. 

By Senator Henley, for the Committee on State Government: 

S. B. 303, a bill with respect to State and regional planning, with an 
unfavorable report as to bill, favorable report as to Committee Substitute 
bill. 

Upon motion of Senator Henley, the Committee Substitute bill is placed 
upon today's Calendar. 

S. B. 304, a bill to establish the North Carolina Department of Local 
Affairs, with an unfavorable report as to bill, favorable report as to Com- 
mittee Substitute bill. 

Upon motion of Senator Henley, the Committee Substitute bill is placed 
upon today's Calendar. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator Gurganus: S. B. 372, a bill to amend Article 6 of Chapter 90 
of the General Statutes so as to require continuing education for optom- 
etrists and for other purposes. 

Referred to Committee on Judiciary No. 1. 

By Senator Gurganus: S. B. 373, a bill to amend General Statutes 90-123 
of the General Statutes to increase the maximum license fee paid each 
year by optometrists. 

Referred to Committee on Finance. 

By Senator Harrington: S. B. 374, a bill to provide for gratuitous dis- 
tribution of certain State publications to Elizabeth City State College. 

Referred to Committee on Higher Education. 

By Senators Rauch, James, J. White of Cleveland, Saunders, Harrington, 
Wood, West, Moore and Murrow: S. B. 375, a bill to amend Section 2, 
Article II, of the North Carolina Constitution, so as to provide for annual 
sessions of the General Assembly. 

Referred to Committee on Constitution. 

By Senator Larkins: S. B. 376, a bill to rename the division of Forestry 
of the Department of Conservation and Development as the "North Carolina 
Forest Service". 

Referred to Committee on Conservation and Development. 

By Senator Larkins: S. B. 377, a bill amending General Statutes 113-35 
relating to forest nurseries operated by the Department of Conservation 
and Development so as to clarify the uses which may be made of forest 
tree seeds and seedlings. 

Referred to Committee on Conservation and Development. 



1969] SENATE JOURNAL 279 

By Senator Larkins: S. B. 378, a bill to amend Chapter 1070 of the North 
Carolina Session Laws of 1967 to make statutes authorizing zoning, sub- 
division regulations, building codes and acquisition of open space applicable 
to flood plain management. 

Referred to Committee on Conservation and Development. 

By Senator Robinson: S. B. 379, a bill amending General Statutes 113-81.1 
relating to forest services rendered by the Department of Conservation and 
Development so as to provide for additional services. 

Referred to Committee on Conservation and Development. 

By Senator Norton: S. B. 380, a bill to amend Chapter 163 of the General 
Statutes so as to authorize the State Board of Elections to render legal 
assistance to county boards of elections. 

Referred to Committee on Election Laws. 

By Senator Saunders: S. B. 381, a bill to authorize certain municipal 
corporations in Moore County to hold an election for the sale of beer and 
wine. 

Referred to Committee on Alcoholic Beverage Control. 

By Senator Allsbrook: S. B. 382, a bill to amend General Statutes 130-129 
relating to the compensation of members of a sanitary district board. 

Referred to Committee on Constitution. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 427, a bill to redefine and extend the corporate limits of the town 
of Plymouth, Washington County, North Carolina. 

Referred to Committe on Local Government. 

H. B. 485, a bill to amend General Statutes 136-1 relating to the 
membership of the State Highway Commission. 

Referred to Committee on Public Roads. 

H. B. 519, a bill to amend Chapter 112 of the Session Laws of 1967 
relating to elections in the city of Newton. 

Referred to Committee on Local Government. 

H. B. 552, a bill to provide an emergency appropriation from the 
General Fund for the purpose of supplementing the appropriation to North 
Carolina State University at Raleigh for the construction of a Nuclear 
Science and Engineering Research Center. 

Upon motion of Senator L. Warren of Wayne, the rules are suspended 
and the bill is placed upon today's Calendar. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 



280 SENATE JOURNAL [Session 

S. B. 344, a bill to provide a supplemental retirement fund for firemen 
in the city of Fayetteville and to modify the application of General Statutes 
118-5, 118-6 and 118-7 to the city of Fayetteville, upon third reading. 

The bill passes its third reading by roll call vote, ayes 45, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Edwards, 
Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, 
James, Johnson, Joyner, Kirby, Larkins, Maxwell, McGeachy, Moore, 
Murrow, Nielson, Patterson, Penn, Poovey, Rauch, Reed, Robinson, Sapp, 
Saunders, Scott, S. Warren of Sampson, L. Warren of Wayne, West, J. 
White of Cleveland, V. White of Pitt, Wilkie— 45. 

The bill is ordered sent to the House of Representatives. 

H. B. 366, a bill amending the charter of the city of New Bern in Craven 
County, upon third reading. 

The bill passes its third reading by roll call vote, ayes 45, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Edwards, 
Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, 
James, Johnson, Joyner, Kirby, Larkins, Maxwell, McGeachy, Moore, 
Murrow, Nielson, Patterson, Penn, Poovey, Rauch, Reed, Robinson, Sapp, 
Saunders, Scott, S. Warren of Sampson, L. Warren of Wayne, West, J. 
White of Cleveland, V. White of Pitt, Wilkie— 45. 

The bill is ordered enrolled. 

S. B. 218, a bill to require motor vehicles to be equipped with safe tires. 

Upon motion of Senator Griffin, consideration of the bill is postponed 
until Thursday, April 10, 1969. 

Committee Substitute for S. B. 251, a bill relating to meetings of the 
board of county commissioners, upon third reading. 

Senator Larkins offers an amendment which is adopted. 

The bill, as amended, passes its third reading and is ordered engrossed 
and sent to the House of Representatives. 

S. B. 280, a bill amending General Statutes 55-67 (b) relating to the 
voting of corporate stock, upon third reading. 

The bill passes its third reading and is ordered sent to the House of 
Representatives. 

S. B. 317, a bill to amend General Statutes 122-65.8 so as to clarify the 
intent of the original act in regard to the commitment of chronic alcoholics 
by courts having jurisdiction over them to facilities of the Department of 
Mental Health. 

Upon motion of Senator Allsbrook, consideration of the bill is postponed 
until Wednesday, April 9, 1969. 

Committee Substitute for S. B. 2, a bill to establish a system of Youth 
Councils that will provide the youth of North Carolina an opportunity to 
develop leadership skills and become responsible citizens. 



1969] SENATE JOURNAL 281 

Senator Moore withdraws the amendment offered by him on Thursday, 
April 3. 

Senator Burney withdraws the motion made by him on Thursday, April 3. 

Senator Bowles offers an amendment which is adopted. 

Upon motion of Senator Allsbrook, consideration of the bill, as amended, 
is postponed until Wednesday, April 9, 1969. 

S. J. R. 137, a joint resolution directing the Department of Motor 
Vehicles to initiate, with the approval of the Governor, a system of semi- 
permanent registration plates for motor vehicles in lieu of the annual plate 
system now in effect. 

The resolution passes its second reading. 

Senator Gurganus offers an amendment which is adopted. 

The resolution, as amended, passes its third reading and is ordered 
engrossed and sent to the House of Representatives. 

Committee Substitute for S. B. 193, a bill to amend General Statutes 
20-28 to provide for the seizure of a motor vehicle being operated by a 
person whose license is in a state of suspension or revocation. 

Senator Harrington moves that consideration of the bill be postponed 
until Wednesday, April 9, 1969, which motion is withdrawn. 

Upon motion of Senator Kirby, the bill is re-referred to the Committee 
on Judiciary No. 2. 

H. B. 552, a bill to provide an emergency appropriation from the General 
Fund for the purpose of supplementing the appropriation to North Carolina 
State University at Raleigh for the construction of a Nuclear Science and 
Engineering Research Center. 

Passes its second and third readings and is ordered enrolled. 

S. B. 351, a bill to provide an emergency appropriation from the General 
Fund for the purpose of supplementing the appropriation to North Carolina 
State University at Raleigh for the construction of a Nuclear Science and 
Engineering Research Center. 

Upon motion of Senator L. Warren of Wayne, consideration of the bill 
is postponed indefinitely. 

Committee Substitute for S. B. 303, a bill with respect to State and 
regional planning. 

Upon motion of Senator Henley, the Committee Substitute bill is adopted. 

Upon motion of Senator Henley, the Committee Substitute bill is re- 
referred to the Committee on Appropriations. 

Committee Substitute for S. B. 304, a bill to establish the North Carolina 
Department of Local Affairs. 

Upon motion of Senator Henley, the Committee Substitute bill is adopted. 

Upon motion of Senator Henley, the Committee Substitute bill is re- 
referred to the Committee on Appropriations. 

Committee Substitue for S. B. 361, a bill to make the discharging of a 
firearm into an occupied dwelling, building, shelter or other structure a 
felony. 

Upon motion of Senator Ellis, the Committee Substitute bill is adopted. 



282 SENATE JOURNAL [Session 

Upon motion of Senator Currie, the Senate adjourns to meet tomorrow 
at 12 M. 



SEVENTY-THIRD DAY 

Senate Chamber, 
Wednesday, April 9, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Aubrey Tomlinson, Pastor of the 
First Baptist Church, Louisburg. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and 
is found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

The President extends the courtesies of the galleries to Mr. and Mrs. 
Charles H. Larkins, the parents of Senator Larkins. 

The President extends the courtesies of the galleries to Mrs. Lindsay C. 
Warren and to the Misses Adrian, Emily and Grace Warren, the wife and 
daughters of Senator Warren of Wayne. 

The President grants leave of absence to Senators Sapp and Moore for 
tomorrow, April 10, 1969. 

The President grants leave of absence to Senator Murrow for tomorrow 
and Friday, April 10 and 11, 1969. 

Upon motion of Senator Penn, Mrs. Burton Joseph, President of the 
National Association for Mental Health, is invited to address the Senate. 

The President appoints Senator Penn to escort Mrs. Joseph and her party 
to the well of the Senate where she speaks to the members of the needs 
of the Nation's mentally ill, and of the ultimate responsibility of State 
government for the success of the Mental Health Program. 

Upon motion of Senator Norton, Representative Robert A. Jones and 
a delegation from the Rutherford County Vocational Workshop are invited 
to the well of the Senate. Mr. Jones presents Mr. W. D. Swafford, the 
Director, who describes the activities of the workshop clients in making 
wooden bases for nameplates and pencil holders. Through the courtesy of 
the workshop and Representative Jones, one of these is presented to the 
Lieutenant Governor and each Senator. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary of 
State: 

S. B. 5, an act to make certain technical and clarifying amendments to 
General Statutes Chapter 9, "jurors". 

S. B. 240, an act to amend Chapters 160 and 97 of the General Statutes 
to authorize municipalities to establish auxiliary police departments and 
to provide workmen's compensation benefits to the members thereof. 



1969] SENATE JOURNAL 283 

S. B. 249, an act relating to the clerk to the board of county commis- 
sioners. 

H. B. 174, an act to amend General Statutes 163-30 and General Statutes 
163-31 regarding the oath of office and the time of the meeting of county 
boards of elections. 

H. B. 382, an act to fix the compensation of the chairman and members of 
the Charlotte-Mecklenburg Board of Education. 

H. B. 400, an act to amend General Statutes 153-48.3, relating to the 
compensation of employees engaged in the county's ambulance service in 
Pasquotank County. 

H. B. 411, an act to authorize Pasquotank County to enter into contracts 
for a retirement system. 

H. B. 425, an act to authorize the governing body of the town of Red 
Springs, North Carolina, to appoint a city manager and to prescribe his 
powers and duties. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Harrington, for the Committee on Public Roads: 

H. B. 485, a bill to amend General Statutes 136-1 relating to the 
membership of the State Highway Commission, with a favorable report. 

By Senator J. White of Cleveland, for the Committee on Local Govern- 
ment: 

H. B. 178, a bill authorizing the board of commissioners for the county 
of Transylvania to fix the fees to be paid to the jailer for said county, 
with a favorable report. 

H. B. 412, a bill amending Chapter 552, Session Laws of 1957, the same 
being the charter of the town of Jefferson, so as to extend the corporate 
limits of said town, with a favorable report. 

H. B. 424, a bill to amend the Charter of the city of Hickory to provide 
for the appointment of a special registration commissioner for city 
elections, with a favorable report. 

H. B. 444, a bill to include Cumberland in the provisions for removal 
and disposal of trash and in the provisions regarding special assessments 
for water and sewer facilities, with a favorable report. 

H. B. 455, a bill to repeal the charter of the town of West Bladenboro, 
with a favorable report. 

H. B. 463, a bill to amend the charter of the town of Forest City, Chapter 
2 of the Private Laws of 1925, with a favorable report. 

H. B. 519, a bill to amend Chapter 112 of the Session Laws of 1967 
relating to elections in the city of Newton, with a favorable report. 

By Senator Wood, for the Committee on Highway Safety: 

S. B. 56, a bill to amend General Statutes 20-7 (f) so as to reward safe 
drivers by eliminating the requirement for taking written and road tests 



284 SENATE JOURNAL [Session 

when applying for renewal of operator's license, with a favorable report, 
as amended. 

S. B. 83, a bill to amend General Statutes 20-179 relating to punishment 
for driving while under the influence of intoxicating liquor or narcotic 
drugs to mandatorily require, upon conviction, active sentences of impri- 
sonment for not less than 5 days and allowing the trial judge to specify 
the dates and days to be served, with an unfavorable report. 

By Senator S. Warren of Sampson, for the Committee on Banking: 
H. B. 356, a bill to amend the State Banking Laws, with a favorable 
report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator Gurganus: S. B. 383, a bill to authorize the board of com- 
missioners of Martin County and the board of education of Martin County 
to convey certain lands to Martin Technical Institute at private sale. 

Referred to Committee on Education. 

By Senator MacLean: S. B. 384, a bill to amend the charter of Lumberton, 
as amended by Chapter 282, Session Laws of 1965, so as to authorize the 
Robeson County Board of Elections and the City Council to alter election 
precincts. 

Referred to Committee on Election Laws. 

By Senator MacLean: S. B. 385, a bill rewriting Article 49 of Chapter 
106 of the General Statutes relating to national poultry and turkey im- 
provement plans and the regulation of hatcheries, chick and hatching egg 
dealers. 

Referred to Committee on Agriculture. 

By Senator MacLean: S. B. 386, a bill amending General Statutes 106-390 
relating to the testing of cattle for brucellosis. 

Referred to Committee on Agriculture. 

By Senator MacLean: S. B. 387, a bill amending Article 34 of Chapter 
106 of the General Statutes relating to indemnity payments by the State 
to owners of hogs and other animals slaughtered to prevent the spread 
of animal diseases. 

Referred to Committee on Agriculture. 

By Senator Rauch: S. B. 388, a bill to provide maximum safety for the 
traveling public by removing habitual traffic offenders from the highways. 

Referred to Committee on Highway Safety. 

By Senator L. Warren of Wayne: S. B. 389, a bill to amend the Uniform 
Commercial Code as enacted in this State and to amend other related 
Statutes. 

Referred to Committee on Judiciary No. 1. 

By Senators Edwards and Bowles: S. B. 390, a bill to annex the town 
of Guilford College to the city of Greensboro, and to repeal the charter of 
the town of Guilford College. 



1969] SENATE JOURNAL 285 

Referred to Committee on Local Government. 

By Senators Norton, Larkins, James, Allen, Allsbrook, Dent, Robinson, 
Harrington, Bailey and MacLean: S. B. 391, a bill to appropriate funds to 
provide for capital improvements at institutions and units of the Com- 
munity College System. 

Referred to Committee on Appropriations. 

By Senators Saunders and James: S. B. 392, a bill to authorize the 
municipalities in Montgomery County to convey certain properties to 
Montgomery County. 

Referred to Committee on Local Government. 

By Senators Nielson and Bagnal: S. B. 393, a bill to amend the pro- 
visions of General Statutes 153-9(58) of the General Statutes of North 
Carolina relating to ambulance franchises in Forsyth County. 

Referred to Committee on Local Government. 

By Senator Reed: S. B. 394, a bill to amend Article 26 of Chapter 153 
of the General Statutes of North Carolina to authorize coastal cities to 
levy special assessments for beach erosion control and flood and hurricane 
protection projects and to enlarge the discretion of county commissioners 
with respect to the levying of special assessments for the same purpose. 

Referred to Committee on Conservation and Development. 

By Senator Reed: S. B. 395, a bill to amend General Statutes 153-80, 
being part of the County Finance Act, to fix the maturity of bonds issued 
to finance beach erosion control and similar projects. 

Referred to Committee on Conservation and Development. 

By Senators Allsbrook and V. White of Pitt: S. B. 396, a bill relating to 
payment of firemen's retirement contributions in the city of Roanoke 
Rapids and to modify the application of General Statutes 118-7 to the city. 

Referred to Committee on Local Government. 

By Senators Briggs and Dent: S. B. 397, a bill to repeal Chapter 1044 
of the 1967 Session Laws providing for the nomination and election of 
members of the Board of Education of Madison County. 

Referred to Committee on Education. 

By Senator Wilkie: S. B. 398, a bill creating the Henderson Municipal- 
County Study Commission. 

Referred to Committee on Local Government. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 340, a bill amending General Statutes 14-111.2 relating to obtaining 
ambulance services without intending to pay therefor, so as to make ap- 
plicable to Catawba County. 

Referred to Committee on Judiciary No. 1. 

H. B. 417, a bill to amend Chapter 740 of the Session Laws of 1965 so 
as to make certain changes therein applicable to Forsyth County. 



286 SENATE JOURNAL [Session 

Referred to Committee on Local Government. 

H. B. 450, a bill to extend the town limits of the town of Robersonville 
in Martin County. 

Referred to Committee on Local Government. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

H. B. 319, a bill to amend General Statutes 89-14 relating to land 
surveyors so as to amend said Act as it pertains to Alleghany County. 

The bill passes its second reading. 

Senator Bryan offers an amendment which is adopted. 

The bill, as amended, passes its third reading and is ordered sent to the 
House of Representatives for concurrence in the Senate amendment. 

S. B. 317, a bill to amend General Statutes 122-65.8 so as to clarify the 
intent of the original Act in regard to the commitment of chronic alcoholics 
by courts having jurisdiction over them to facilities of the Department of 
Mental Health, upon third reading. 

The bill passes its third reading and is ordered sent to the House of 
Representatives. 

Committee Substitute for S. B. 2, a bill to establish a system of Youth 
Councils that will provide the youth of North Carolina an opportunity to 
develop leadership skills and become responsible citizens. 

Senator McGeachy offers an amendment which fails of adoption. 

Senator Moore offers an amendment which fails of adoption. 

Senator Burney offers an amendment which is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 76, a bill to provide for instruments to secure future advances and 
future obligations. 

Upon motion of Senator Boger the Committee amendments are adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

Committee Substitute for S. B. 361, a bill to make the discharging of a 
firearm into an occupied dwelling, building, shelter or other structure a 
felony. 

Senator Kirby offers an amendment which is adopted. 
The bill, as amended, passes its second reading. 

Upon objection of Senator Ellis to its third reading the bill remains upon 
the Calendar. 

Upon motion of Senator James, the Senate adjourns to meet tomorrow 
at 12 M. 



1969] SENATE JOURNAL 287 

SEVENTY-FOURTH DAY 

Senate Chamber, 
Thursday, April 10, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the 
Senate. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and 
is found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

Upon motion of Senators Edwards and Bowles, the President extends 
the courtesies of the galleries to Mrs. Edith Wagner, President, and forty 
members of the Randolph County Democratic Women's Club. 

Upon motion of Senators Bailey and Coggins, the President extends the 
courtesies of the galleries to the trainees of the Wake County Sheltered 
Workshop and to their instructor, Mrs. Marianne McGill. 

Upon motion of Senator Griffin, the courtesies of the galleries are ex- 
tended to twenty-three members of the 4-H Club of Louisburg and to their 
teacher, Mr. Park Brown. 

Upon motion of Senator Briggs, the courtesies of the galleries are ex- 
tended to Mr. James M. Baley, Jr. and Mr. Kent Coward, attorneys from 
Asheville and Sylva, respectively. Mr. Baley is a former member of the 
North Carolina General Assembly and is presently a member of the North 
Carolina Constitutional Study Commission. 

The President extends the courtesies of the floor to Senator Robert R. 
Van Derlaan, the Republican majority floor leader of the Michigan General 
Assembly, who is in Raleigh to observe the computer operation of the 
North Carolina General Assembly. 

Upon motion of Senator Griffin, the Honorable L. H. Fountain of Tarboro, 
Congressman from the North Carolina Second District, a former member 
of both the North Carolina House of Representatives and the North Caro- 
lina Senate, as well as a former reading clerk of the Senate, is invited to 
address the Senate. 

The President appoints Senator Griffin to escort Congressman Fountain 
to the well of the Senate, where he delivers a short speech of reminiscence. 

The President grants leave of absence to Senator Folger for today and 
to Senator Ellis for tomorrow, April 11, 1969. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Evans, for the Committee on Education: 

S. B. 230, a bill to amend Chapter 115A of the General Statutes by 
adding General Statutes 115-A-9.1 permitting disposition of real and 
personal property by community colleges, with an unfavorable report as to 
bill, favorable report as to Committee Substitute bill. 



288 SENATE JOURNAL [Session 

Upon motion of Senator Evans, the Committee Substitute bill is placed 
upon today's Calendar. 

S. B. 253, a bill to amend Chapter 18 of the General Statutes of North 
Carolina to provide additional revenue to be allocated for public educa- 
tional purposes, with a favorable report. 

Upon motion of Senator Evans, the bill is re-referred to the Committee 
on Alcoholic Beverage Control. 

S. B. 298, a bill to amend Chapter 385, Session Laws, 1949, as amended, 
relating to the schools of the Greensboro City Administrative Unit and 
governing body thereof, with a favorable report. 

S. B. 352, a bill to amend General Statutes 115-166 by exempting from 
the General Compulsory Attendance Law, upon certain conditions, a child 
afflicted by mental, emotional, or physical incapacities, with a favorable 
report. 

S. B. 383, a bill to authorize the board of commissioners of Martin County 
and the board of education of Martin County to convey certain lands to 
Martin Technical Institute at private sale, with a favorable report. 

H. B. 313, a bill to add two new members to the Greenville City Board 
of Education and to provide that the City Council shall appoint members 
to said Board of Education without any recommendation from such Board 
of Education, with a favorable report. 

H. B. 329, a bill to provide for the election of the Hoke County Board 
of Education, with a favorable report. 

H. B. 378, a bill to appoint certain members of the board of education 
of the respective counties of North Carolina and to fix their terms of office, 
with a favorable report, as amended. 

H. B. 502, a bill to increase the maximum number of members of school 
committees to seven persons in Cumberland County, with a favorable report. 

H. B. 503, a bill appointing certain members of Fairmont City Board of 
Education, with a favorable report. 

By Senator Scott, for the Committee on Finance: 

S. B. 267, a bill to amend the State Highway Bond Act of 1965, subject 
to a vote of the people of the State, to remove the four per centum maxi- 
mum interest rate limitation with respect to State of North Carolina 
Highway Bonds, with a favorable report, as amended. 

S. B. 346, a bill to provide for the codification and printing of the 
Revenue Act, the same being Chapter 158 of the Public Laws of 1939, as 
amended, with a favorable report. 

S. B. 347, a bill to provide for the codification and printing of the 
Machinery Act, the same being Chapter 310 of the Public Laws of 1939, as 
amended, with a favorable report. 

By Senator MacLean, for the Committee on Agriculture: 

S. B. 321, a bill relating to the length of time the State Fair in Raleigh 
shall run, with an unfavorable report. 

By Senator Boger, for the Committee on Judiciary No. 2: 



1969] SENATE JOURNAL 289 

S. B. 338, a bill authorizing the Greensboro City Board of Education to 
execute and deliver a quitclaim deed for certain land, with a favorable 
report. 

S. B. 370, a bill to amend General Statutes 15-47 so as to authorize the 
custodian of a prisoner to have bail fixed, with a favorable report, as 
amended. 

H. B. 438, a bill to amend General Statutes 115-126 so as to authorize 
the Asheboro City Board of Education in Randolph County to lease school 
facilities to the city of Asheboro for a term of twenty-five years, with a 
favorable report. 

By Senator Ellis, for the Committee on Judiciary No. 1: 

S. B. 353, a bill to rewrite General Statutes 115-165 to establish an appeal 
procedure from the decision of a county or city school superintendent to 
exclude a child from the public schools, with a favorable report, as amended. 

S. B. 372, a bill to amend Article 6 of Chapter 90 of the General Statutes 
so as to require continuing education for optometrists and for other pur- 
poses, with a favorable report. 

By Senator James, for the Committee on Public Health: 

S. J. R. 365, a joint resolution to encourage the North Carolina State 
Board of Nursing and the schools giving courses in practical nursing to 
give consideration to training successfully completed by persons in reg- 
istered nurses courses, with a favorable report. 

H. J. R. 306, a joint resolution authorizing and directing the Legislative 
Research Commission to study North Carolina's Health Manpower needs, 
measures to increase the supply, and means to accomplish indicated changes 
in the health care system, with a favorable report. 

By Senator Currie, for the Committee on Alcoholic Beverage Control: 

S. B. 381, a bill to authorize certain municipal corporations in Moore 
County to hold an election for the sale of beer and wine, with a favorable 
report. 

H. B. 288, a bill to amend General Statutes 18-57 so as to provide for 
the distribution of ABC store funds in Northampton County, with a 
favorable report. 

H. B. 373, a bill to extend the jurisdiction of the Lincolnton ABC officer 
or officers to Lincoln County, with a favorable report. 

By Senator Allsbrook, for the Committee on Constitution: 

S. B. 382, a bill to amend General Statutes 130-129 relating to the 
compensation of members of a sanitary district board, with a favorable 
report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator J. White of Cleveland: S. B. 399, a bill to authorize a 
referendum in the town of Hudson on alcoholic beverage control stores. 
Referred to Committee on Alcoholic Beverage Control. 



290 SENATE JOURNAL [Session 

By Senator S. Warren of Sampson: S. B. 400, a bill to revise and con- 
solidate the charter of the town of Harrells, North Carolina. 

Referred to Committee on Local Government. 

By Senator Boger: S. B. 401, a bill to fix the salary of the register of 
deeds of Cabarrus County. 

Referred to Committee on Local Government. 

By Senator Boger: S. B. 402, a bill to fix the salary of the sheriff of 
Cabarrus County. 

Referred to Committee on Local Government. 

By Senators Currie and Kirby: S. B. 403, a bill to authorize state 
chartered savings and loan associations to accept savings deposits in a 
manner similar to Federal Savings and Loan Associations doing business 
in North Carolina. 

Referred to Committee on Insurance. 

By Senators Currie and Kirby: S. B. 404, a bill to provide as authorized 
investments for savings and loan associations improvements to real prop- 
erty and mobile home financing. 

Referred to Committee on Insurance. 

By Senator Wilkie: S. B. 405, a bill to incorporate the town of Fletcher 
in Henderson County. 

Referred to Committee on Local Government. 

By Senators Dent and Briggs: S. B. 406, a bill to set the salary of the 
Mitchell County Board of Commissioners. 

Referred to Committee on Local Government. 

By Senators Nielson and Bagnal: S. B. 407, a bill to amend General 
Statutes 44-49 and General Statutes 44-50 to provide for the inclusion of 
sums due for ambulance service in liens upon recoveries for personal 
injuries. 

Referred to Committee on Public Health. 

By Senators Nielson and Bagnal: S. B. 408, a bill relating to the collec- 
tion of charges for ambulance service when the service is provided by a 
county or municipality. 

Referred to Committee on Judiciary No. 1. 

By Senators Nielson and Bagnal: S. B. 409, a bill to create liens for 
ambulance service. 

Referred to Committee on Judiciary No. 1. 

By Senators Nielson and Bagnal: S. B. 410, a bill to amend the Con- 
stitution of North Carolina to empower the voters to elect the Governor 
and Lieutenant Governor for two consecutive terms. 

Referred to Committee on Constitution. 

By Senator Bailey: S. B. 411, a bill to amend Chapter 1235, Session Laws 
of 1949, relating to the sale of beer and wine in Holly Springs Township, 
Wake County. 

Referred to Committee on Alcoholic Beverage Control. 



1969] SENATE JOURNAL 291 

By Senators Rauch, L. Warren of Wayne, Harrington, West, and Bowles: 
S. B. 412, a bill to revise the structure of the North Carolina Good 
Neighbor Council. 

Referred to Committee on State Government. 

By Senators Bagnal and Nielson: S. B. 413, a bill to amend Chapter 677 
of the 1947 Session Laws relating to zoning in Forsyth County. 

Referred to Committee on Local Government. 

By Senator Ellis: S. B. 414, a bill authorizing a refund of gasoline taxes 
paid by the city of Jacksonville. 

Referred to Committee on Judiciary No. 1. 

By Senator Robinson: S. B. 415, a bill to appropriate $35,000 for con- 
struction of a spillway gate at Lake Waccamaw in Columbus County. 

Referred to Committee on Conservation and Development. 

By Senators Briggs and Dent: S. B. 416, a bill amending General Statutes 
153-13, by establishing compensation to be paid to the county commissioners 
of Madison County. 

Referred to Committee on Local Government. 

By Senators Briggs and Dent: S. B. 417, a bill raising the compensation 
of the sheriff, his deputies, the tax collector, the register of deeds, the 
county auditor and the court house janitor of Madison County. 

Referred to Committee on Local Government. 

By Senators Briggs and Dent: S. B. 418, a bill authorizing increases in 
number and compensation of Madison County Court House secretarial em- 
ployees. 

Referred to Committee on Local Government. 

By Senator S. Warren of Sampson: S. B. 419, a bill to amend General 
Statutes 153-10.1 to authorize the board of county commissioners of 
Sampson County to regulate garbage disposal. 

Referred to Committee on Local Government. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 122, a bill to amend General Statutes 15-41 so as to authorize peace 
officers to arrest without warrant persons for whom an unserved warrant 
has been issued. 

Referred to Committee on Judiciary No. 2. 

H. B. 347, a bill amending Article IB of Chapter 113 of the General 
Statutes relating to State aid to airports so as to provide that the State 
may participate in up to fifty per cent of the costs of certain projects. 

Referred to Committee on Conservation and Development. 

H. B. 224, a bill to amend Paragraph (c) of Rule 30 of Section 1, 
Chapter 1-A of the General Statutes so as to require a party taking a 
deposition to furnish a copy of the same upon request. 

Referred to Committee on Judiciary No. 2. 



292 SENATE JOURNAL [Session 

H. B. 422, a bill to increase from three hundred dollars ($300.00) to five 
hundred dollars ($500.00) the amount of a child's yearly allowance for 
support allotted from a parent's estate. 

Referred to Committee on Judiciary No. 2. 

H. B. 459, a bill amending General Statutes 10-1, relating to notaries 
public, so as to provide for terms of five years instead of two years. 

Referred to Committee on Judiciary No. 1. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

H. B. 178, a bill authorizing the board of commissioners for the county 
of Transylvania to fix the fees to be paid to the jailer for said county. 

Passes its second and third readings and is ordered enrolled. 

H. B. 412, a bill amending Chapter 552, Session Laws of 1957, the same 
being the charter of the town of Jefferson so as to extend the corporate 
limits of said town. 

Passes its second and third readings and is ordered enrolled. 

Upon motion of Senator Ellis, the vote by which H. B. 412, a bill amend- 
ing Chapter 552, Session Laws of 1957, the same being the charter of the 
town of Jefferson so as to extend the corporate limits of said town, passed 
its third reading is reconsidered. 

Upon motion of Senator Ellis, the vote by which H. B. 412 passed its 
second reading is reconsidered, and upon his motion the bill is placed upon 
today's roll call Calendar. 

H. B. 412, a bill amending Chapter 552, Session Laws of 1957. the same 
being the charter of the town of Jefferson so as to extend the corporate 
limits of said town, upon second reading. 

The bill passes its second reading by roll call vote, ayes 44, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Edwards, 
Ellis, Evans, Griffin, Gurganus, Harrington, Henley, James, Johnson, 
Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy, Nielson, Norton, 
Patterson, Penn, Poovey, Rauch, Reed, Robinson, Saunders, Scott, Staton, 
S. Warren of Sampson, L. Warren of Wayne, West, J. White of Cleveland, 
V. White of Pitt, Wilkie, Wood— 44. 

H. B. 424, a bill to amend the charter of the city of Hickory to provide 
for the appointment of a special registration commissioner for city 
elections. 

Passes its second and third readings and is ordered enrolled. 

H. B. 444, a bill to include Cumberland in the provisions for removal and 
disposal of trash and in the provisions regarding special assessments for 
water and sewer facilities. 

Passes its second and third readings and is ordered enrolled. 

H. B. 455, a bill to repeal the charter of the town of West Bladenboro. 



1969] SENATE JOURNAL 293 

Passes its second and third readings and is ordered enrolled. 

H. B. 463, a bill to amend the charter of the town of Forest City, Chapter 
2 of the Private Laws of 1925. 

Passes its second and third readings and is ordered enrolled. 

H. B. 519, a bill to amend Chapter 112 of the Session Laws of 1967 
relating to elections in the city of Newton. 

Passes its second and third readings and is ordered enrolled. 

Committee Substitute for S. B. 218, a bill to require motor vehicles to 
be equipped with safe tires. 

Upon motion of Senator Griffin, the amendment offered by the Com- 
mittee is adopted. 

The bill, as amended, passes its third reading and is ordered engrossed 
and sent to the House of Representatives. 

Committee Substitute for S. B. 361, a bill to make the discharging of a 
firearm into an occupied dwelling, building, shelter or other structure a 
felony. 

The bill, as amended, passes its third reading and is ordered engrossed 
and sent to the House of Representatives. 

S. B. 56, a bill to amend General Statutes 20-7 (f) so as to reward safe 
drivers by eliminating the requirement for taking written and road tests 
when applying for renewal of operator's license. 

Upon motion of Senator Kirby, the amendment offered by the Committee 
is adopted. 

Senators Allsbrook, Penn, Larkins, Boger, Ellis and Bailey debate the 
bill. 

Senator Allsbrook calls the previous question. 

The call is sustained. 

The bill, as amended, passes its second reading. 

Upon objection of Senator L. Warren of Wayne to its third reading, the 
bill, as amended, remains upon the Calendar, and upon motion of Senator 
Allsbrook the bill, as amended, is placed upon the Calendar for Tuesday, 
April 15, 1969. 

S. B. 320, a bill to provide for the allotment of teachers by the State 
Board of Education. 

Upon motion of Senator Evans, the bill is recommitted to the Committee 
on Education. 

H. B. 356, a bill to amend the State Banking Laws. 

Passes its second and third readings and is ordered enrolled. 

H. B. 485, a bill to amend General Statutes 136-1 relating to the 
membership of the State Highway Commission. 

Passes its second and third readings and is ordered enrolled. 

Committee Substitute for S. B. 230, a bill to amend Chapter 115A of 
the General Statutes by adding General Statutes 115A-9.1 permitting dis- 
position of real and personal property by community colleges. 

Upon motion of Senator Evans, the Committee Substitute bill is adopted. 



294 SENATE JOURNAL [Session 

Upon motion of Senator Saunders, the Senate adjourns to meet tomorrow 
morning- at 10:00 o'clock. 



SEVENTY-FIFTH DAY 

Senate Chamber, 
Friday, April 11, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and 
is found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

Upon motion of Senator Allen, the President extends the courtesies of 
the galleries to the seventh grade of the Morgan Street School, Roxboro. 
Senator Allen's daughter, Kassie, is a member of this class. 

The President grants leave of absence to Senators Scott, L. Warren of 
Wayne, Penn and Ellis for today, and to Senator Larkins for Monday, 
April 14, 1969. 

Upon motion of Senator Nielson, S. B. 407, a bill to amend General 
Statutes 44-49 and General Statutes 44-50 to provide for the inclusion of 
sums due for ambulance service in liens upon recoveries for personal 
injuries, is withdrawn from the Committee on Public Health and re-referred 
to the Committee on Judiciary No. 1. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary of 

State: 

H. B. 366, an act amending the charter of the city of New Bern in 
Craven County. 

H. B. 552, an act to provide an emergency appropriation from the General 
Fund for the purpose of supplementing the appropriation to North Carolina 
State University at Raleigh for the construction of a Nuclear Science and 
Engineering Research Center. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator J. White of Cleveland, for the Committee on Local Govern- 
ment : 

S. B. 115, a bill providing the city of Albemarle, North Carolina, alterna- 
tive methods of assessing the cost of extending water and sewer lines, 
with an unfavorable report as to bill, favorable as to Committee Substitute 

bill. 



1969] SENATE JOURNAL 295 

Upon motion of Senator J. White of Cleveland, the substitute bill is 
placed on today's Calendar. 

S. B. 390, a bill to annex the town of Guilford College to the city of 
Greensboro, and to repeal the charter of the town of Guilford College, with 
a favorable report. 

S. B. 392, a bill to authorize the municipalities in Montgomery County to 
convey certain properties to Montgomery County, with a favorable report. 

S. B. 396, a bill relating to payment of firemen's retirement contributions 
in the city of Roanoke Rapids and to modify the application of General 
Statutes 118-7 to the city, with a favorable report. 

S. B. 416, a bill amending General Statutes 153-13, by establishing com- 
pensation to be paid to the County Commissioners of Madison County, with 
a favorable report. 

S. B. 417, a bill raising the compensation of the sheriff, his deputies, the 
tax collector, the register of deeds, the county auditor and the court house 
janitor of Madison County, with a favorable report. 

S. B. 418, a bill authorizing increases in number and compensation of 
Madison County court house secretarial employees, with a favorable report. 

H. B. 427, a bill to redefine and extend the corporate limits of the town 
of Plymouth, Washington County, North Carolina, with a favorable report. 

H. B. 443, a bill to change the style of the town of Raeford to the city of 
Raeford and to change the name of the board of commissioners to the city 
council, with a favorable report. 

H. B. 448, a bill fixing the compensation of the sheriff, auditor and 
register of deeds of New Hanover County, with a favorable report. 

H. B. 450, a bill to extend the town limits of the town of Robersonville 
in Martin County, with a favorable report. 

H. B. 458, a bill to make Chapter 504 of the Session Laws of 1965, 
relating to historic buildings and sites, applicable to the city of Wilmington, 
with a favorable report. 

H. B. 462, a bill to fix the salary of the register of deeds of Haywood 
County, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator Flaherty: S. B. 420, a bill amending Chapter 787, Session 
Laws of 1967, relating to the Caldwell County Board of Education. 

Referred to Committee on Education. 

By Senator Flaherty: S. B. 421, a bill fixing the compensation of the 
board of commissioners of Caldwell County. 

Referred to Committee on Local Government. 

By Senator Flaherty: S. B. 422, a bill to authorize an election on the 
question of incorporating the town of Sawmills in Caldwell County. 

Referred to Committee on Local Government. 

By Senator Staton: S. B. 423, a bill authorizing the establishment of a 
town liquor control store in the town of Angier, Harnett County, upon a 



296 SENATE JOURNAL [Session 

vote of the people, and providing for the allocation of the net proceeds 
from the operation of such store. 

Referred to Committee on Alcoholic Beverage Control. 

By Senator Patterson: S. B. 424, a bill to authorize the city of Albemarle 
to provide cable television service. 

Referred to Committee on Local Government. 

By Senator Patterson: S. B. 425, a bill to prohibit the taking of game 
from public highways in Stanly County. 

Referred to Committee on Wildlife. 

By Senator Moore: S. R. 426, a Senate resolution authorizing and 
directing the legislative Research Commission to develop and implement 
a pre-session bill drafting and filing system. 

Referred to Committee on Rules and Operation of the Senate. 

By Senator Allsbrook: S. J. R. 427, a joint resolution commemorating 
the Halifax Resolves of April 12, 1776, which authorized North Carolina 
delegates in the Continental Congress to vote for independence. 

Upon motion of Senator Allsbrook the rules are suspended and the 
resolution is placed upon its immediate passage. 

Senator Allsbrook offers an amendment which is adopted. 

The resolution, as amended, passes its second and third readings and is 
ordered sent to the House of Representatives by special messenger, without 
engrossment. 

By Senator Robinson: S. B. 428, a bill authorizing commercial and sports 
fisheries inspectors and wildlife protectors to obtain and execute search 
warrants. 

Referred to Committee on Conservation and Development. 

By Senator James, by request: S. B. 429, a bill to revise and consolidate 
the charter of the city of Hamlet. 

Referred to Committee on Local Government. 

By Senator Boger: S. B. 430, a bill enabling Cabarrus County to hold a 
special election for the purpose of considering whether the county shall or 
shall not impose and levy a sales and use tax of one percent upon the 
sale, use and other taxable transactions upon which the State now imposes 
a three percent sales and use tax. 

Referred to Committee on Finance. 

By Senator Boger: S. B. 431, a bill authorizing Cabarrus County Board 
of Education to exchange real property. 

Referred to Committee on Judiciary No. 2. 

By Senator McGeachy: S. B. 432, a bill to create a Division of Narcotic 
and Dangerous Drugs within the Department of Justice, and to appropriate 
funds therefor. 

Referred to Committee on State Government. 

By Senators Edwards, Bowles and Murrow: S. B. 433, a bill amending 
Chapter 98, Public-Local Laws of 1941 as amended by Chapter 601, Session 
Laws of 1943, Chapter 137, Session Laws of 1945, and Chapter 1198, Session 



1969] SENATE JOURNAL 297 

Laws of 1957, relating to the establishment and powers of the Greensboro- 
High Point Airport Authority. 

Referred to Committee on Local Government. 

By Senators Briggs and Dent: S. B. 434, a bill to amend Chapter 414 
of the Session Laws of 1965, so as to make the same applicable to Mitchell 
County. 

Referred to Committee on Local Government. 

By Senators Briggs and Dent: S. B. 435, a bill directing the Board of 
Commissioners of Mitchell County to appropriate $1,200 to the North 
Carolina Rhododendron festival on Roan Mountain in Mitchell County. 

Referred to Committee on Local Government. 

By Senators Briggs and Dent: S. B. 436, a bill to authorize the sheriff 
of Yancey County to employ an additional deputy sheriff and to fix his 
compensation and expense allowance. 

Referred to Committee on Local Government. 

By Senators Briggs and Dent: S. B. 437, a bill authorizing Mitchell 
County to pay to its sheriff an amount in lieu of arrest fees. 

Referred to Committee on Local Government. 

By Senators Briggs and Dent: S. B. 438, a bill relating to salaries and 
expense allowances of the deputy sheriffs of Yancey County. 

Referred to Committee on Local Government. 

By Senator Allen: S. B. 439, a bill to fix the compensation of the 
members of the board of county commissioners of Person County. 

Referred to Committee on Local Government. 

By Senator Folger: S. B. 440, a bill to provide for the election of the 
members of the board of education of Surry County as set forth in 
Chapter 972 of the Session Laws of 1967, on a non-partisan basis and 
from districts. 

Referred to Committee on Education. 

By Senator Folger: S. B. 441, a bill to amend Chapter 622, Session Laws 
of 1967, relating to the fees of justices of the peace in Surry County. 

Referred to Committee on Local Government. 

By Senator Folger: S. B. 442, a bill increasing the number of county 
commissioners of Surry County, to increase and stagger their terms of 
office and to create districts. 

Referred to Committee on Local Government. 

By Senator Allsbrook: S. B. 443, a bill to amend Chapter 1056 of the 
Session Laws of 1967 relating to Halifax County. 

Referred to Committee on Local Government. 

By Senators MacLean and Allsbrook: S. B. 444, a bill to appropriate 
funds to the State Department of Archives and History for the Colonial 
Records Project. 

Referred to Committee on Appropriations. 

By Senator Joyner: S. B. 445, a bill to amend General Statutes 153-9 
relating to the site of the Iredell County court house. 

Referred to Committee on Local Government. 



298 SENATE JOURNAL [Session 

By Senators V. White of Pitt and Allsbrook: S. B. 446, a bill to create 
the Littleton-Lake Gaston School District, to provide for the administra- 
tion of the public schools in said district, and to levy a special tax for the 
public schools of said district. 

Referred to Committee on Education. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. J. R. 671, a joint resolution commemorating the Halifax Resolves of 
April 12, 1776, which authorized North Carolina delegates in the Con- 
tinental Congress to vote for independence. 

Upon motion of Senator Allsbrook the rules are suspended and the 
resolution is placed upon its immediate passage. 

Passes its second and third readings and is ordered enrolled. 

Upon motion of Senator Allsbrook the vote by which S. J. R. 427 passed 
its third reading is reconsidered. 

Upon motion of Senator Allsbrook the vote by which S. J. R. 427 passed 
its second reading is reconsidered. 

Upon motion of Senator Allsbrook S. J. R. 427 is postponed indefinitely. 

S. B. 95, a bill to rewrite General Statutes 28-174, relating to damages 
recoverable for death by wrongful act, for concurrence in the House 
amendment. 

Upon motion of Senator Burney the Senate concurs in the House amend- 
ment and the bill is ordered enrolled. 

H. B. 403, a bill to implement Chapter 55B of the General Statutes 
relating to professional corporations, by amending certain other acts to 
conform. 

Referred to Committee on Judiciary No. 2. 

H. B. 486, a bill to amend Article 5, Chapter 87, Section 64 of the 
General Statutes relating to examination, renewal and reinstatement fees 
for persons and firms engaged in refrigeration contracting. 

Referred to Committee on Manufacturing, Labor and Commerce. 

H. B. 544, a bill to provide for the nomination, election and terms of 
office of members of the Washington County Board of Education. 

Referred to Committee on Education. 

H. B. 520, a bill to appoint two members to the Board of Education of 
Swain County. 

Referred to Committee on Education. 

H. B. 559, a bill to clarify the small watershed laws with respect to 
project maintenance in Duplin, Pender and Sampson Counties. 

Referred to Committee on Conservation and Development. 

H. B. 563, a bill extending the time for municipal governing boards to 
fix their own compensation in 1969. 

Referred to Committee on Local Government. 



1969] SENATE JOURNAL 299 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

H. B. 412, a bill amending Chapter 552 Session Laws of 1957, the same 
being the charter of the town of Jefferson, so as to extend the corporate 
limits of said town, upon third reading. 

The bill passes its third reading by roll call vote, ayes 38, noes 0, as 
follows : 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Coggins, Currie, Dent, Edwards, 
Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, James, 
Johnson, Joyner, Kirby, Larkins, MacLean, Nielson, Patterson, Poovey, 
Rauch, Reed, Robinson, Sapp, Saunders, Staton, S. Warren of Sampson, 
J. White of Cleveland, V. White of Pitt, Wilkie— 38. 

The bill is ordered enrolled. 

S. B. 298, a bill to amend Chapter 385, Session Laws, 1949, as amended, 
relating to the schools of the Greensboro City Administrative Unit and 
governing body thereof. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 338, a bill authorizing the Greensboro City Board of Education to 
execute and deliver a quitclaim deed for certain land. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 381, a bill to authorize certain municipal corporations in Moore 
County to hold an election for the sale of beer and wine. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 382, a bill to amend General Statutes 130-129 relating to the 
compensation of members of a Sanitary District Board. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 288, a bill to amend General Statutes 18-57 so as to provide for 
the distribution of ABC Store Funds in Northampton County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 313, a bill to add two new members to the Greenville City Board 
of Education and to provide that the City Council shall appoint members 
to said Board of Education without any recommendation from such Board 
of Education. 

Upon motion of Senator V. White of Pitt consideration of the bill is 
postponed until Monday, April 14, 1969. 

H. B. 329, a bill to provide for the election of the Hoke County Board 
of Education. 

Passes its second and third readings and is ordered enrolled. 

H. B. 373, a bill to extend the jurisdiction of the Lincolnton ABC 
Officer or Officers to Lincoln County. 



300 SENATE JOURNAL [Session 

Passes its second and third readings and is ordered enrolled. 

H. B. 438, a bill to amend General Statutes 115-126 so as to authorize 
the Asheboro City Board of Education in Randolph County to lease school 
facilities to the city of Asheboro for a term of twenty-five years. 

Passes its second and third readings and is ordered enrolled. 

H. B. 502, a bill to increase the maximum number of members of school 
committees to seven persons in Cumberland County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 503, a bill appointing certain members of Fairmont City Board of 
Education. 

Passes its second and third readings and is ordered enrolled. 

S. B. 267, a bill to amend the State Highway Bond Act of 1965, subject 
to a vote of the people of the State, to remove the four per centum maxi- 
mum interest rate limitation with respect to State of North Carolina 
Highway Bonds. 

Upon motion of Senator Harrington consideration of the bill is postponed 
until Monday, April 14, 1969. 

Committee Substitute for S. B. 230, a bill to amend Chapter 115A of 
the General Statutes by adding General Statutes 115A-9.1 permitting dis- 
position of real and personal property by community colleges. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 346, a bill to provide for the codification and printing of the 
Revenue Act, the same being Chapter 158 of the Public Laws of 1939, as 
amended. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 347, a bill to provide for the codification and printing of the 
Machinery Act, the same being Chapter 310 of the Public Laws of 1939, as 
amended. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 352, a bill to amend General Statutes 115-166 by exempting from 
the General Compulsory Attendance Law, upon certain conditions, a child 
afflicted by mental, emotional or physical incapacities. 

Senator Staton offers an amendment which is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 353, a bill to rewrite General Statutes 115-165 to establish an appeal 
procedure from the decision of a county or city school superintendent to 
exclude a child from the public schools. 

Upon motion of Senator Bailey the Committee amendment is adopted. 

Senator Staton offers an amendment which is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. J. R. 365, a joint resolution to encourage the North Carolina State 
Board of Nursing and the schools giving courses in practical nursing to 



1969] SENATE JOURNAL 301 

give consideration to training successfully completed by persons in reg- 
istered nurses courses. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 370, a bill to amend General Statutes 15-47 so as to authorize the 
custodian of a prisoner to have bail fixed. 

Upon motion of Senator Boger the Committee amendment is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 372, a bill to amend Article 6 of Chapter 90 of the General Statutes 
so as to require continuing education for optometrists and for other pur- 
poses. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 383, a bill to authorize the board of commissioners of Martin County 
and the board of education of Martin County to convey certain lands to 
Martin Technical Institute at private sale. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. J. R. 306, a joint resolution authorizing and directing the Legislative 
Research Commission to study North Carolina's Health Manpower needs, 
measures to increase the supply, and means to accomplish indicated 
changes in the health care system. 

Upon motion of Senator Bailey the bill is re-referred to the Committee 
on Rules and Operation of the Senate. 

H. B. 378, a bill to appoint certain members of the board of education 
of the respective counties of North Carolina and to fix their terms of office. 

Upon motion of Senator Evans the Committee amendment is adopted. 

Senator Joyner offers an amendment which fails of adoption. 

Senator Sapp offers an amendment which fails of adoption. 

The bill, as amended, passes its second reading. 

Upon objection of Senator Bagnal to its third reading, the bill is placed 
on the Calendar for Monday, April 14, 1969. 

Committee Substitute for S. B. 115, a bill providing the city of Albemarle, 
North Carolina alternative methods of assessing the cost of extending 
water and sewer lines. 

Upon motion of Senator J. White of Cleveland the Committee substitute 
is adopted, and remains upon the Calendar. 

Upon motion of Senator Rauch, the Senate adjourns to meet tomorrow 
morning at 9:30 o'clock, at which time only Public Local bills will be con- 
sidered and adjournment will be until Monday evening at 8 o'clock. 



302 SENATE JOURNAL [Session 

SEVENTY-SIXTH DAY 

Senate Chamber, 
Saturday, April 12, 1969. 

The Senate meets pursuant to adjournment, and in the absence of 
Lieutenant Governor H. Patrick Taylor, Jr. and President Pro Tempore N. 
Hector McGeachy, Jr., the Principal Clerk, Roy Rowe, calls Senator Coggins 
to the Chair, who calls the Senate to order and presides during the Session. 

Prayer is offered by Senator Coggins. 

Senator Bailey for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

Upon motion of Senator Bailey, the Senate adjourns to meet Monday 
evening at 8:00 o'clock. 



SEVENTY-SEVENTH DAY 

Senate Chamber, 
Monday, April 14, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the 
Senate. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of Saturday has been examined and 
is found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

The President extends the courtesies of the galleries to Mr. J. W. Bryan, 
the brother of Senator Bryan of Wilkes County, and to Mr. Fred Holbrook, 
both of Traphill. 

Upon motion of Senators Allsbrook and V. White of Pitt, the President 
extends the courtesies of the galleries to Mr. and Mrs. David Whichard 
III of Greenville. Mr. Whichard is the owner and editor of the Greenville 
Daily Reflector. 

Upon motion of Senators Bailey and Coggins, the President extends the 
courtesies of the galleries to the Webelos Boy Scout Pack from White 
Memorial Church, Raleigh, and to Mr. Vaughn Winborne, accompanying 
them. 

Upon motion of Senator Allen, the President extends the courtesies of 
the galleries to a group of distinguished citizens of Person County, in- 
cluding Mayor J. W. Green of Roxboro, Mr. Bennie L. Bradsher, Chairman 
of the Person County Commissioners, Mr. Jack E. Fathauer, President of 
the Roxboro Chamber of Commerce and members of the Roxboro Chamber 
of Commerce Board of Directors and their wives. 

Upon motion of Senator Allsbrook, consideration of S. B. 56, a bill to 
amend General Statutes 20-7 (f) so as to reward safe drivers by eliminating 



1969] SENATE JOURNAL 303 

the requirement for taking written and road tests when applying for 
renewal of operator's license, is postponed until Wednesday, April 16, 1969. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary of 
State: 

S. B. 95, an act to rewrite General Statutes 28-174, relating to damages 
recoverable for death by wrongful act. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Moore, for the Committee on Wildlife: 

S. B. 270, a bill to amend General Statutes 105-446.2 to provide that the 
Wildlife Resources Commission shall continue to be entitled to a portion 
of the net proceeds of gasoline taxes, with a favorable report. 

By Senator J. White of Cleveland, for the Committee on Local Govern- 
ment: 

H. B. 563, a bill extending the time for municipal governing boards to 
fix their own compensation in 1969, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator Harrington: S. B. 447, a bill to authorize the Windsor Town- 
ship Development Commission in Bertie County to subordinate loans made 
by it. 

Referred to Committee on Local Government. 

By Senator Edwards: S. B. 448, a bill to appropriate funds for furnishing 
the John Haley house and blacksmith shop and for landscaping and pre- 
paring the grounds on which it is located for use by the public. 

Referred to Committee on Appropriations. 

By Senator Griffin: S. B. 449, a bill to increase the salary of the Register 
of Deeds of Franklin County and his assistants. 

Referred to Committee on Local Government. 

By Senators Bowles, Edwards and Murrow: S. B. 450, a bill providing a 
method for amendment of the charter of the city of Greensboro with 
respect to the composition and mode of election of the mayor and city 
council. 

Referred to Committee on Local Government. 

By Senators Rauch, Bowles and Norton: S. B. 451, a bill to amend 
Chapter 110 of the General Statutes to prohibit the exhibiting of mentally 
or physically defective children. 

Referred to Committee on Judiciary No. 1. 



304 SENATE JOURNAL [Session 

By Senators Henley and McGeachy: S. B. 452, a bill to amend General 
Statutes 18-129 relating to regulation of sale and distribution of wine and 
malt beverages to establish criteria for issuance of permits. 

Referred to Committee on Alcoholic Beverage Control. 

By Senators Henley and McGeachy: S. B. 453, a bill to amend Chapter 
1058, Session Laws of 1963, so as to make General Statutes 160-173, as 
amended, applicable to Cumberland County. 

Referred to Committee on Local Government. 

By Senator James: S. B. 454, a bill to accord certain diploma school 
credits to licensed practical nurses. 

Referred to Committee on Public Health. 

By Senator Currie: S. B. 455, a bill authorizing cities and towns to 
provide for financial assistance to those required to be relocated by 
municipal or governmental action. 

Referred to Committee on Judiciary No. 1. 

By Senator J. White of Cleveland: S. B. 456, a bill to provide supple- 
mental retirement funds for firemen in the city of Shelby and to modify the 
application of General Statutes 118-5, General Statutes 118-6 and General 
Statutes 118-7 to the city of Shelby. 

Referred to Committee on Local Government. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 250, a bill amending Chapter 593 of the Session Laws of 1965 to 
increase the salary of the register of deeds of Clay County. 

Referred to Committee on Local Government. 

H. B. 338, a bill amending Chapter 775 of the Session Laws of 1965 to 
eliminate the residency requirement for police and fire department em- 
ployees. 

Referred to Committee on Judiciary No. 1. 

H. B. 339, a bill to regulate and fix the salaries of the sheriff and register 
of deeds of Lenoir County. 

Referred to Committee on Local Government. 

H. B. 394, a bill revising Article 6A of Chapter 153 of the General 
Statutes of North Carolina concerning the salaries of county officers and 
employees. 

Referred to Committee on Local Government. 

H. B. 446, a bill to amend Sections 105-306(26); 105-308; 105-309 and 
105-310 of the General Statutes of North Carolina in order to authorize the 
board of county commissioners of Pitt County to prescribe regulations 
relating to the listing of property for taxation in Pitt County, and to 
authorize the division or combining of townships for tax listing purposes. 

Referred to Committee on Local Government. 



1969] SENATE JOURNAL 305 

H. B. 449, a bill amending Chapter 308, Session Laws of 1959, extending 
the time for issuance of bonds by counties and municipalities for providing 
storage of water at projects constructed pursuant to the Act of Congress 
cited as "Water Supply Act of 1958". 

Referred to Committee on Conservation and Development. 

H. B. 471, a bill to amend General Statutes 160-227.1 to make the sub- 
division laws applicable to municipalities in McDowell County. 

Referred to Committee on Local Government. 

H. B. 480, a bill to provide for the appointment and compensation of the 
Pasquotank County accountant by the board of county commissioners. 

Referred to Committee on Local Government. 

H. B. 494, a bill to authorize municipalities to transfer and convey 
cemetery property and perpetual care funds to religious and charitable 
organizations. 

Referred to Committee on Judiciary No. 1. 

H. B. 498, a bill amending Chapter 382 of the Session Laws of 1967 so 
as to authorize the town of Kernersville to join with Forsyth County and 
the city of Winston-Salem in joint purchasing arrangements. 

Referred to Committee on Local Government. 

H. B. 500, a bill to establish the salaries of the sheriff and register of 
deeds of Wake County. 

Referred to Committee on Local Government. 

H. B. 504, a bill amending Chapter 1073 of the 1959 Session Laws so as 
to provide for the issuance of pistol permits in Clay County by the Clerk 
of Superior Court. 

Referred to Committee on Judiciary No. 2. 

H. B. 526, a bill to amend General Statutes 105-345 relating to the pre- 
payment of taxes and late interest charges in Mecklenburg County and the 
city of Charlotte. 

Referred to Committee on Local Government. 

H. B. 527, a bill to amend General Statutes 143-129 relating to purchases 
by Mecklenburg County. 

Referred to Committee on Local Government. 

H. B. 529, a bill to amend General Statutes 18-37 and 18-38 relating to 
the State Board of Alcoholic Control and the director of the Board. 

Referred to Committee on Alcoholic Beverage Control. 

H. B. 538, a bill to fix the salary of the register of deeds of Rutherford 
County. 

Referred to Committee on Local Government. 

H. B. 539, a bill to fix the salary of the sheriff of Rutherford County. 
Referred to Committee on Local Government. 

H. B. 547, a bill to amend the charter of the town of Cape Carteret with 
reference to the election and meetings of the board of commissioners. 
Referred to Committee on Local Government. 



306 SENATE JOURNAL [Session 

H. B. 549, a bill relating to the compensation of the chairman and 
members of the board of education of Craven County. 

Referred to Committee on Local Government. 

H. B. 554, a bill to amend Sections 105-306(26); 105-308; 105-309 and 
105-310 of the General Statutes of North Carolina in order to authorize 
the board of county commissioners of Catawba County, to prescribe regula- 
tions relating to the listing of property for taxation in that county, and to 
authorize the division or combining of townships for tax listing purposes. 

Referred to Committee on Local Government. 

H. B. 556, a bill to validate the special bond election held in the town 
of Lincolnton, North Carolina, on January 14, 1969. 

Referred to Committee on Local Government. 

H. B. 570, a bill to amend Chapter 79 of the Session Laws of 1965 to 
change the time of election in the town of Ayden. 

Referred to Committee on Local Government. 

H. B. 590, a bill to provide for the removal of unauthorized motor 
vehicles from private parking lots in Wilson County. 

Referred to Committee on Judiciary No. 2. 

H. B. 600, a bill to increase the membership of the McDowell County 
Board of Commissioners and to provide for their term of office and election. 

Referred to Committee on Local Government. 

H. B. 611, a bill amending Article 21 of Chapter 130 of the General 
Statutes of North Carolina relating to medical examiners. 

Referred to Committee on Judiciary No. 2. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

Committee Substitute for S. B. 115, a bill providing the city of Albemarle, 
North Carolina, alternative methods of assessing the cost of extending 
water and sewer lines, upon second reading. 

The bill passes its second reading by roll call vote, ayes 43, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allsbrook, Bagnal, Bailey, 
Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, Edwards, 
Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Henley, James, Johnson, 
Joyner, MacLean, Maxwell, McGeachy, Moore, Nielson, Patterson, Penn, 
Poovey, Rauch, Reed, Robinson, Sapp, Saunders, Scott, Staton, S. Warren 
of Sampson, L. Warren of Wayne, J. White of Cleveland, V. White of Pitt, 
Wilkie, Wood— 43. 

The bill remains upon the Calendar. 

S. B. 390, a bill to annex the town of Guilford College to the city of 
Greensboro and to repeal the charter of the town of Guilford College, upon 
second reading. 

The bill passes its second reading by roll call vote, ayes 43, noes 0, as 
follows: 



1969] SENATE JOURNAL 307 

Those voting in the affirmative are: Senators Allsbrook, Bagnal, Bailey, 
Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, Edwards, 
Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Henley, James, Johnson, 
Joyner, MacLean, Maxwell, McGeachy, Moore, Nielson, Patterson, Penn, 
Poovey, Rauch, Reed, Robinson, Sapp, Saunders, Scott, Staton, S. Warren 
of Sampson, L. Warren of Wayne, J. White of Cleveland, V. White of Pitt, 
Wilkie, Wood— 43. 

The bill remains upon the Calendar. 

H. B. 427, a bill to redefine and extend the corporate limits of the town 
of Plymouth, Washington County, North Carolina, upon second reading. 

The bill passes its second reading by roll call vote, ayes 43, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allsbrook, Bagnal, Bailey, 
Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, Edwards, 
Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Henley, James, Johnson, 
Joyner, MacLean, Maxwell, McGeachy, Moore, Nielson, Patterson, Penn, 
Poovey, Rauch, Reed, Robinson, Sapp, Saunders, Scott, Staton, S. Warren 
of Sampson, L. Warren of Wayne, J. White of Cleveland, V. White of Pitt, 
Wilkie, Wood— 43. 

The bill remains upon the Calendar. 

H. B. 450, a bill to extend the town limits of the town of Robersonville 
in Martin County, upon second reading. 

The bill passes its second reading by roll call vote, ayes 43, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allsbrook, Bagnal, Bailey, 
Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, Edwards, 
Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Henley, James, Johnson, 
Joyner, MacLean, Maxwell, McGeachy, Moore, Nielson, Patterson, Penn, 
Poovey, Rauch, Reed, Robinson, Sapp, Saunders, Scott, Staton, S. Warren 
of Sampson, L. Warren of Wayne, J. White of Cleveland, V. White of Pitt, 
Wilkie, Wood— 43. 

The bill remains upon the Calendar. 

S. B. 392, a bill to authorize the municipalities in Montgomery County to 
convey certain properties to Montgomery County. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 396, a bill relating to payment of firemen's retirement contributions 
in the city of Roanoke Rapids and to modify the application of General 
Statutes 118-7 to the city. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 417, a bill raising the compensation of the sheriff, his deputies, the 
tax collector, the register of deeds, the county auditor and the court house 
janitor of Madison County. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 



308 SENATE JOURNAL [Session 

S. B. 418, a bill authorizing increases in number and compensation of 
Madison County court house secretarial employees. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 313, a bill to add two new members to the Greenville City Board of 
Education and to provide that the city council shall appoint members to 
said board of education without any recommendation from such board of 
education. 

Passes its second and third readings and is ordered enrolled. 

H. B. 443, a bill to change the style of the town of Raeford to the city 
of Raeford and to change the name of the board of commissioners to the 
city council. 

Passes its second and third readings and is ordered enrolled. 

H. B. 448, a bill fixing the compensation of the sheriff, auditor and 
register of deeds of New Hanover County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 458, a bill to make Chapter 504 of the Session Laws of 1965, 
relating to historic buildings and sites, applicable to the city of Wilmington. 

Passes its second and third readings and is ordered enrolled. 

H. B. 462, a bill to fix the salary of the register of deeds of Haywood 
County. 

Passes its second and third readings and is ordered enrolled. 

S. B. 267, a bill to amend the State Highway Bond Act of 1965, subject 
to a vote of the people of the State, to remove the four per centum 
maximum interest rate limitation with respect to State of North Carolina 
Highway Bonds, upon second reading. 

Upon motion of Senator L. Warren of Wayne the Committee amendment 
is adopted. 

Senator L. Warren of Wayne offers an amendment which is adopted. 
The bill, as amended, passes its second reading by roll call vote, ayes 43, 
noes 0, as follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Briggs, Bryan, Burney, Coggins, Currie, Dent, Ellis, Evans, 
Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, Johnson, Joyner, 
Maxwell, McGeachy, Moore, Murrow, Nielson, Norton, Patterson, Penn, 
Poovey, Rauch, Reed, Robinson, Sapp, Saunders, Scott, Staton, S. Warren 
of Sampson, L. Warren of Wayne, J. White of Cleveland, V. White of Pitt, 
Wilkie, Wood— 43. 

The bill remains upon the Calendar. 

H. B. 378, a bill to appoint certain members of the board of education 
of respective counties of North Carolina and to fix their terms of office, 
upon third reading. 

Senator Evans calls the previous question. 

The call is sustained. 

Senator Briggs offers an amendment which fails of adoption. 



1969] SENATE JOURNAL 309 

The bill, as amended, passes its third reading and is ordered sent to the 
House of Representatives for concurrence in the Senate amendment. 

S. B. 416, a bill amending General Statutes 153-13, by establishing com- 
pensation to be paid to the county commissioners of Madison County. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

Upon motion of Senator Currie, the Senate adjourns to meet tomorrow 
at 12 M. 



SEVENTY-EIGHTH DAY 

Senate Chamber, 
Tuesday, April 15, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Troy Barrett, Pastor, First Methodist 
Church of Cary. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and 
is found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

Upon motion of Senator Harrington, the President extends the courtesies 
of the galleries to Mrs. B. W. Huddle of Richmond, Virginia, the sister of 
Senator Wood, and to Mrs. Bill Branch of Roanoke Rapids. 

Upon motion of Senator Griffin, Colonel Charles E. Yeager of the United 
States Air Force is invited to address the Senate. The President appoints 
Senator Griffin and Representative Daniel T. Lilley to escort Colonel 
Yeager to the well of the Senate where Representative Lilley introduces 
Colonel Yeager, a veteran of World War II and of the Vietnam War, and 
the first man to fly faster than the speed of sound. Colonel Yeager, who 
is stationed at Seymour Johnson Air Force Base, Goldsboro, speaks briefly 
and expresses particularly his pelasure at being stationed in North 
Carolina. 

The President grants leave of absence to Senator West for today. 

Upon motion of Senator Rauch, S. B. 330, a bill to provide for the delivery 
of lists of prisoners held in local jails to judges and solicitors before 
certain terms of court, is taken from the Committee on Correctional In- 
stitutions and Law Enforcement and re-referred to the Committee on 
Judiciary No. 1. 

enrolled bills 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary of 
State: 

S. B. 120, an act to amend the Federal Tax Lien Registration Act to 
comply with the Federal Tax Lien Act of 1966. 



310 SENATE JOURNAL [Session 

S. B. 161, an act to amend Chapter 316 of the Session Laws of 1947, as 
amended relating to professional bondsmen in Robeson County. 

S. B. 171, an act to amend General Statutes 95-86 so as to increase the 
persons and occupations covered by the Minimum Wage Act. 

S. B. 214, an act to amend General Statutes 20-183. 2(c) concerning safety 
equipment inspections of motor vehicles sold at retail. 

S. B. 228, an act to amend Chapter 196, Session Laws of 1967, to 
authorize the appointment of ABC officers in the town of Mt. Pleasant, and 
to specify their jurisdiction. 

S. B. 229, an act to amend Chapter 195, Session Laws of 1967, to 
authorize the appointment of ABC officers in the city of Concord and to 
specify their jurisdiction. 

S. B. 247, an act relating to filling vacancies on boards of county com- 
missioners. 

S. B. 266, an act authorizing the commissioners of Caswell County to 
execute warranty deeds. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Kirby, for the Committee on Higher Education: 

S. B. 86, a bill to increase and fix tuition fees for nonresident students 
in certain State Institutions of Higher Education, with a favorable report, 
as amended. 

Upon motion of Senator Kirby, the bill is placed upon today's Calendar. 

S. J. R. 367, a joint resolution providing for the appointment of a legisla- 
tive study commission on student financial aid, with a favorable report, as 
amended. 

S. B. 374, a bill to provide for gratuitious distribution of certain State 
publications to Elizabeth City State College, with a favorable report. 

By Senator Staton, for the Committee on Manufacturing, Labor and 
Commerce: 

S. B. 203, a bill to define, regulate and license auctioneers of the State 
of North Carolina, with a favorable report, as amended. 

S. B. 296, a bill to require all new house trailers exceeding thirty-two 
feet in length and used as residences within the State to have at least 
two doors, with an unfavorable report as to bill, favorable report as to 
Committee Substitute bill. 

Upon motion of Senator Staton, the Committee Substitute bill is placed 
upon today's Calendar. 

By Senator Ellis, for the Committee on Judiciary No. 1: 

S. B. 324, a bill to provide for the confinement of persons convicted of 
crimes in the State Department of Correction while awaiting judicial de- 
terminations of appeals, with a favorable report, as amended. 



1969] SENATE JOURNAL 311 

S. B. 332, a bill amending General Statutes 7-73.1 to provide that de- 
fendants confined in jail before trial be tried before defendants not so 
confined, with a favorable report. 

S. B. 334, a bill amending General Statutes 14-335 to change the punish- 
ment of persons convicted of public drunkeness, with a favorable report. 

H. B. 364, a bill to provide credit toward the satisfaction of the sentence 
when the defendant is unable to secure his release on bail pending appeal, 
with a favorable report. 

By Senator Boger, for the Committee on Judiciary No. 2: 

S. B. 368, a bill authorizing the trustees of Rowan Technical Institute to 
convey real estate to Rowan County, with a favorable report, as amended. 

S. B. 431, a bill authorizing Cabarrus County Board of Education to 
exchange real property, with a favorable report. 

H. B. 422, a bill to increase from three hundred dollars ($300.00) to five 
hundred dollars ($500.00) the amount of a child's yearly allowance for 
support allotted from a parent's estate, with a favorable report. 

By Senator Norton, for the Committee on Election Laws: 

S. B. 384, a bill to amend the charter of Lumberton, as amended by 
Chapter 282, Session Laws of 1965, so as to authorize the Robeson County 
Board of Elections and the City Council to alter election precincts, with a 
favorable report. 

Upon motion of Senator MacLean, the bill is placed upon today's 
Calendar. 

H. B. 457, a bill to repeal Chapter 355 of the Public-Local Laws of 1941 
relating to elections in the town of Aurora, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senators Norton and Kirby: S. B. 457, a bill to amend Chapter 163 of 
the General Statutes of North Carolina so as to require that all counties 
adopt the full-time registration of voters. 

Referred to Committee on Election Laws. 

By Senator Sapp: S. B. 458, a bill to increase the salary of certain 
elected officials in Rowan County. 

Referred to Committee on Local Government. 

By Senator Sapp: S. B. 459, a bill to authorize the board of county 
commissioners of Rowan County to establish the Rowan County Police 
Department and Personnel Advisory Board. 

Referred to Committee on Local Government. 

By Senator Penn: S. B. 460, a bill pertaining to Article 3, Chapter 139 
of the General Statutes as the same relates to a watershed improvement 
program in Caswell County. 

Referred to Committee on Local Government. 

By Senator Penn: S. B. 461, a bill appropriating funds for the repair and 
restoration of the Wright Tavern in Rockingham County. 



312 SENATE JOURNAL [Session 

Referred to Committee on Conservation and Development. 

By Senator Patterson: S. B. 462, a bill to authorize the governing body 
of the city of Albemarle to establish a retirement system for city em- 
ployees engaged in the enforcement of criminal laws in the city of Albe- 
marle. 

Referred to Committee on Local Government. 

By Senator Patterson: S. B. 463, a bill authorizing the administrative 
board of the emergency reserve fund of Stanly County to transfer seven 
thousand five hundred dollars ($7,500.00) from the emergency reserve fund 
of Stanly County to the Stanly County Law Enforcement Officers Associa- 
tion, Inc. and seven thousand five hundred dollars ($7,500.00) to the city of 
Albemarle. 

Referred to Committee on Local Government. 

By Senators Edwards, Murrow and Bowles: S. B. 464, a bill to authorize 
an election on the question of incorporating the city of Archdale-Trinity in 
Randolph County and repealing the charters of the towns of Archdale and 
Trinity. 

Referred to Committee on Local Government. 

By Senator Currie: S. B. 465, a bill to authorize the governing body of 
the city of Durham to appropriate and expend non-tax revenues for certain 
public purposes. 

Referred to Committee on Local Government. 

By Senator Bailey: S. B. 466, a bill to amend General Statutes 55-132 
so as to permit foreign corporations from the states of Georgia, South 
Carolina, Tennessee and Virginia to act as testamentary trustees, ad- 
ministrators or executors in North Carolina on a reciprocal basis. 

Referred to Committee on Judiciary No. 1. 

By Senator Henley: S. B. 467, a bill to amend General Statutes 6-21 so 
as to provide that the court may tax as costs of court the attorney fees 
for the caveator's attorney only if the caveat proceeding is successful. 

Referred to Committee on Judiciary No. 2. 

By Senators McGeachy, Coggins, Bailey, Ellis, Boger, Patterson, Saunders, 
Scott and Gurganus: S. B. 468, a bill to amend Article 5 and Article 5A of 
the General Statutes relating to narcotic, barbiturate, and stimulant drugs. 

Referred to Committee on Judiciary No. 1. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

Committee Substitute for S. B. 26, a bill to establish the North Carolina 
Underwriting Association so as to provide a method whereby adequate fire 
and extended coverage insurance may be obtained in the beach area of 
North Carolina, for concurrence in the House amendment. 

Upon motion of Senator Ellis, the Senate concurs in the House amend- 
ment and the bill is ordered enrolled. 



1969] SENATE JOURNAL 313 

House Committee Substitute for S. B. 282, a bill providing for the 
determination of the tenure of office for members of the city council of the 
city of Roanoke Rapids. 

Referred to Committee on Local Government. 

H. B. 207, a bill to amend Chapter 20 of the General Statutes of North 
Carolina increasing the driver license revocation time for excessive speed 
to avoid apprehension and creating a new offense of unlawful flight to avoid 
apprehension. 

Referred to Committee on Highway Safety. 

H. B. 437, a bill to rewrite General Statutes 35-42 to provide that the 
secretary of the Eugenics Board shall be an employee of the State De- 
partment of Public Welfare and shall be designated by the Commissioner 
of Public Welfare. 

Referred to Committee on Public Welfare. 

H. B. 472, a bill to provide for a new registration of voters in Ashe 
County in lieu of and prior to setting up a loose-leaf system otherwise. 

Referred to Committee on Election Laws. 

H. B. 478, a bill to amend Chapter 609 of the Session Laws of 1963 
denning the corporate limits of the town of Ahoskie. 

Referred to Committee on Local Government. 

H. B. 487, a bill to bring General Statutes 163-153(2) in conformance 
with General Statutes 163-45. 

Referred to Committee on Election Laws. 

H. B. 488, a bill to remove the local modification to General Statutes 
163-69 as applicable to Wake County. 

Referred to Committee on Election Laws. 

H. B. 542, a bill to revise and consolidate the charter of the town of 
Nashville, North Carolina. 

Referred to Committee on Local Government. 

H. B. 616, a bill to allow persons residing within annexed areas of the 
town of Mayodan to vote and to be eligible for office in the municipal 
election of 1969. 

Referred to Committee on Election Laws. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

Committee Substitute for S. B. 115, a bill providing the city of Albemarle, 
North Carolina, alternative methods of assessing the cost of extending 
water and sewer lines, upon third reading. 

The bill passes its third reading by roll call vote, ayes 45, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Edwards, 
Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, 
James, Johnson, Joyner, Kirby, Larkins, McGeachy, Moore, Nielson, Norton, 



314 SENATE JOURNAL [Session 

Patterson, Perm, Poovey, Rauch, Reed, Robinson, Sapp, Saunders, Scott, 
Staton, S. Warren of Sampson, L. Warren of Wayne, J. White of Cleveland, 
V. White of Pitt, Wilkie, Wood— 45. 

The bill is ordered sent to the House of Representatives. 

S. B. 390, a bill to annex the town of Guilford College to the city of 
Greensboro, and to repeal the charter of the town of Guilford College, 
upon third reading. 

The bill passes its third reading by roll call vote, ayes 45, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Edwards, 
Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, 
James, Johnson, Joyner, Kirby, Larkins, McGeachy, Moore, Nielson, Norton, 
Patterson, Penn, Poovey, Rauch, Reed, Robinson, Sapp, Saunders, Scott, 
Staton, S. Warren of Sampson, L. Warren of Wayne, J. White of Cleveland, 
V. White of Pitt, Wilkie, Wood— 45. 

The bill is ordered sent to the House of Representatives. 

H. B. 427, a bill to redefine and extend the corporate limits of the town 
of Plymouth, Washington County, North Carolina, upon third reading. 

The bill passes its third reading by roll call vote, ayes 45, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Edwards, 
Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, 
James, Johnson, Joyner, Kirby, Larkins, McGeachy, Moore, Nielson, Norton, 
Patterson, Penn, Poovey, Rauch, Reed, Robinson, Sapp, Saunders, Scott, 
Staton, S. Warren of Sampson, L. Warren of Wayne, J. White of Cleveland, 
V. White of Pitt, Wilkie, Wood— 45. 

The bill is ordered enrolled. 

H. B. 450, a bill to extend the town limits of the town of Robersonville 
in Martin County, upon third reading. 

The bill passes its third reading by roll call vote, ayes 45, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Edwards, 
Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, 
James, Johnson, Joyner, Kirby, Larkins, McGeachy, Moore, Nielson, Norton, 
Patterson, Penn, Poovey, Rauch, Reed, Robinson, Sapp, Saunders, Scott, 
Staton, S. Warren of Sampson, L. Warren of Wayne, J. White of Cleveland, 
V. White of Pitt, Wilkie, Wood— 45. 

The bill is ordered enrolled. 

S. B. 267, a bill to amend the State Highway Bond Act of 1965, subject 
to a vote of the people of the State, to remove the four per centum 
maximum interest rate limitation with respect to State of North Carolina 
Highway Bonds, upon third reading. 

The bill, as amended, passes its third reading by roll call vote, ayes 46, 
noes 0, as follows: 



1969] SENATE JOURNAL 315 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Edwards, 
Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, 
James, Johnson, Joyner, Kirby, Larkins, Maxwell, McGeachy, Moore, 
Murrow, Nielson, Patterson, Penn, Poovey, Rauch, Reed, Robinson, Sapp, 
Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of Wayne, J. 
White of Cleveland, V. White of Pitt, Wilkie, Wood— 46. 

The bill is ordered engrossed and sent to the House of Representatives. 

S. B. 270, a bill to amend General Statutes 105-446.2 to provide that the 
Wildlife Resources Commission shall continue to be entitled to a portion 
of the net proceeds of gasoline taxes. 

Upon motion of Senator Moore, the bill is re-referred to the Committee 
on Finance. 

H. B. 563, a bill extending the time for municipal governing boards to 
fix their own compensation in 1969. 

Passes its second and third readings and is ordered enrolled. 

S. B. 86, a bill to increase and fix tuition fees for nonresident students 
in certain State Institutions of Higher Education. 

Upon motion of Senator Kirby, the amendment offered by the Committee 
is adopted. 

Upon motion of Senator Kirby, the bill is re-referred to the Committee 
on Appropriations. 

Committee Substitute for S. B. 296, a bill to require all new house 
trailers exceeding thirty-two feet in length and used as residences within 
the State to have at least two doors. 

Upon motion of Senator Staton, the Committee Substitute bill is adopted. 

S. B. 384, a bill to amend the charter of Lumberton, as amended by 
Chapter 282, Session Laws of 1965, so as to authorize the Robeson County 
Board of Elections and the city council to alter election precincts. 

Passes its second and third readings and is ordered sent to the House of 
Representatives, by special messenger. 

Upon motion of Senator Johnson, the Senate adjourns to meet tomorrow 
at 12 M. 



SEVENTY-NINTH DAY 

Senate Chamber, 
Wednesday, April 16, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the 
Senate. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and 
is found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 



316 SENATE JOURNAL [Session 

The President extends the courtesies of the galleries to former Superior 
Court Judge John McLaughlin of Statesville. Judge McLaughlin is also a 
former member of the Senate, of the House of Representatives and of the 
North Carolina Utilities Commission. 

The President grants leave of absence to Senators Nielson and Staton 
for tomorrow, April 17, 1969. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary of 
State: 

S. B. 279, an act to provide for an election in the town of Farmville on 
the question of amending the town charter to establish the office of town 
manager. 

H. B. 178, an act authorizing the board of commissioners for the county 
of Transylvania to fix the fees to be paid to the jailer for said county. 

H. B. 288, an act to amend General Statutes 18-57 so as to provide for 
the distribution of ABC Store Funds in Northampton County. 

H. B. 373, an act to extend the jurisdiction of the Lincolnton ABC officer 
or officers of Lincoln County. 

H. B. 412, an act amending Chapter 552, Session Laws of 1957, the same 
being the charter of the town of Jefferson, so as to extend the corporate 
limits of said town. 

H. B. 424, an act to amend the charter of the city of Hickory, to provide 
for the appointment of a special registration commissioner for city elections 

H. B. 438, an act to amend General Statutes 115-126 so as to authorize 
the Asheboro City Board of Education in Randolph County to lease school 
facilities to the city of Asheboro for a term of twenty-five years. 

H. B. 444, an act to include Cumberland in the provisions for removal 
and disposal of trash and in the provisions regarding special assessments 
for water and sewer facilities. 

H. B. 378, an act to appoint certain members of the board of education 
of the respective counties of North Carolina and to fix their terms of office. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 

their titles, together with the reports accompanying them, and take their 

place on the Calendar, as follows: 

By Senator Burney, for the Committee on Conservation and Development: 
S. B. 293, a bill amending Article I of Chapter 113 of the General Statutes 

relating to the Board of Conservation and Development and the director 

thereof, with a favorable report. 

Upon motion of Senator Burney the bill is placed on the Calendar for 
Friday, April 18, 1969. 

S. B. 377, a bill amending General Statutes 113-35 relating to forest 
nurseries operated by the Department of Conservation and Development so 



1969] SENATE JOURNAL 317 

as to clarify the uses which may be made of forest tree seeds and seedlings, 
with a favorable report. 

S. B. 378, a bill to amend Chapter 1070 of the North Carolina Session 
Laws of 1967 to make Statutes authorizing, zoning, subdivision regulations, 
building codes and acquisition of open space applicable to flood plain 
management, with a favorable report. 

S. B. 379, a bill amending General Statutes 113-81.1 relating to forest 
services rendered by the Department of Conservation and Development so 
as to provide for additional services, with a favorable report. 

S. B. 428, a bill authorizing commercial and sports fisheries inspectors 
and wildlife protectors to obtain and execute search warrants, with a 
favorable report. 

S. B. 395, a bill to amend General Statutes 153-80, being part of the 
County Finance Act, to fix the maturity of bonds issued to finance beach 
erosion control and similar projects, with a favorable report. 

S. B. 376, a bill to rename the division of forestry of the Department of 
Conservation and Development as the "North Carolina Forest Service", 
with a favorable report. 

S. B. 415, a bill to appropriate $35,000.00 for construction of a spillway 
gate at Lake Waccamaw in Columbus County, with a favorable report. 

Upon motion of Senator Burney the bill is re-referred to Committee on 
Appropriations. 

S. B. 394, a bill to amend Article 26 of Chapter 153 of the General 
Statutes of North Carolina to authorize coastal cities to levy special assess- 
ments for beach erosion control and flood and hurricane protection projects 
and to enlarge the discretion of county commissioners with respect to the 
levying of special assessments for the same purpose, with a favorable 
report. 

H. B. 559, a bill to clarify the small watershed laws with respect to 
project maintenance in Duplin, Pender and Sampson Counties, with a 
favorable report. 

H. B. 347, a bill amending Article IB of Chapter 113 of the General 
Statutes relating to State aid to airports so as to provide that the State 
may participate in up to fifty percent of the costs of certain projects, with 
a favorable report, as amended. 

Upon motion of Senator Burney the bill is placed upon today's Calendar. 

By Senator Penn, for the Committee on Mental Health: 

S. B. 63, a bill to amend General Statutes 18-39(3), so as to provide 
funds to the North Carolina Department of Mental Health for education, 
research, treatment and rehabilitation cf alcoholics and mentally ill persons, 
and to provide facilities, with a favorable report. 

Upon motion of Senator Penn the bill is re-referred to Committee on 
Appropriations. 

S. B. 318, a bill to create an Advisory Council on Alcoholism to the 
State Board of Mental Health, with a favorable report. 

By Senator Edwards, for the Committee on Insurance: 



318 SENATE JOURNAL [Session 

S. B. 69, a bill to amend General Statutes 58-254.4 and Chapter 57 of 
the General Statutes relating to group accident and health insurance 
policies, so as to prohibit the application of co-ordination of benefits or 
nonduplication provisions as between spouses separately insured under 
group policies, with an unfavorable report. 

S. B. 403, a bill to authorize state chartered savings and loan associations 
to accept savings deposits in a manner similar to Federal Savings and Loan 
Associations doing business in North Carolina, with a favorable report. 

S. B. 404, a bill to provide as authorized investments for savings and 
loan associations improvements to real property and mobile home financing, 
with a favorable report, as amended. 

By Senator Gurganus, for the Committee on Public Welfare: 

S. B. 339, a bill to re-codify and clarify Chapter 108 of the General 
Statutes of North Carolina entitled "Board of Public Welfare", with a 
favorable report, as amended. 

Upon motion of Senator Gurganus the bill is placed upon today's 
Calendar. 

By Senator Henley, for the Committee on State Government: 

S. B. 412, a bill to revise the structure of the North Carolina Good 
Neighbor Council, with a favorable report. 

S. B. 432, a bill to create a Division of Narcotic and Dangerous Drugs 
within the Department of Justice, and to appropriate funds therefor, with 
a favorable report. 

Upon motion of Senator Henley the bill is re-referred to Committee on 
Appropriations. 

By Senator Wood, for the Committee on Highway Safety: 

S. B. 350, a bill to amend the General Statutes of North Carolina relating 
to the assignment of pupils and employees on public school buses so as to 
prohibit assignments in excess of the seating capacity of the public school 
buses, with a favorable report. 

Upon motion of Senator Wood the bill is re-referred to Committee on 
Appropriations. 

H. B. 71, a bill to amend General Statutes 20-216 concerning passing of 
horses and other draft animals, with a favorable report. 

H. B. 233, a bill to require special reflective devices to be displayed on 
the rear of slow-moving vehicles such as farm tractors and implements of 
husbandry operated on highways between sunset and sunrise, with a 
favorable report, as amended. 

By Senator J. White of Cleveland, for the Committee on Local Govern- 
ment : 

S. B. 14, a bill to amend Article 36 of Chapter 160 of the General 
Statutes so as to exempt Burke County from parts, with an unfavorable 
report. 

S. B. 180, a bill to amend Chapter 160 of the General Statutes relating 
to municipal corporations, so as to exclude Catawba County from the pro- 
visions of Part 2 and Part 3 of the Article providing for the extension of 
corporate limits, with an unfavorable report. 



1969] SENATE JOURNAL 319 

S. B. 400, a bill to revise and consolidate the charter of the town of 
Harrells, North Carolina, with a favorable report, as amended. 

S. B. 401, a bill to fix the salary of the register of deeds of Cabarrus 
County, with a favorable report. 

S. B. 402, a bill to fix the salary of the sheriff of Cabarrus County, with 
a favorable report. 

S. B. 406, a bill to set the salary of the Mitchell County Board of 
Commissioners, with a favorable report. 

S. B. 413, a bill to amend Chapter 677 of the 1947 Session Laws relating 
to zoning in Forsyth County, with a favorable report. 

S. B. 419, a bill to amend General Statutes 153-10.1 to authorize the 
board of county commissioners of Sampson County to regulate garbage 
disposal, with a favorable report. 

S. B. 421, a bill fixing the compensation of the board of commissioners 
of Caldwell County, with a favorable report. 

S. B. 422, a bill to authorize an election on the question of incorporating 
the town of Sawmills in Caldwell County, with an unfavorable report. 

S. B. 441, a bill to amend Chapter 622, Session Laws of 1967, relating 
to the fees of justices of the peace in Surry County, with a favorable report. 

H. B. 419, a bill amending Chapter 456 of the 1965 Session Laws relating 
to the salaries of certain officials of Pender County, with a favorable report, 
as amended. 

By Senator Moore, for the Committee on Wildlife: 

H. B. 220, a bill to establish the hunting season for bear, deer and 
squirrel in the counties of Duplin, Onslow and Pender, with a favorable 
report. 

H. B. 325, a bill prohibiting the hunting of game animals with dogs 
between March 1 and October 15 in Beaufort County, with a favorable 
report, as amended. 

H. B. 453, a bill prohibiting the discharge of firearms on or across any 
highway in Haywood County, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator Harrington: S. B. 469, a bill to fix the compensation for 
members of the Bertie County Board of Commissioners. 

Referred to Committee on Local Government. 

By Senator Harrington: S. B. 470, a bill to validate tax levies and tax 
sales in Bertie County. 

Referred to Committee on Local Government. 

By Senator Griffin: S. B. 471, a bill to increase the salaries of the sheriff, 
chief deputy and deputy sheriffs of Franklin County. 

Referred to Committee on Local Government. 

By Senator Penn: S. B. 472, a bill creating a Tobacco Museum and 
establishing a board to establish and operate the museum. 



320 SENATE JOURNAL [Session 

Referred to Committee on Agriculture. 

By Senator Boger: S. B. 473, a bill to amend Chapter 344 of the Private 
Laws of 1907, as amended, the same being the charter of the city of 
Concord. 

Referred to Committee on Finance. 

By Senator Ellis: S. B. 474, a bill to amend General Statutes 85A-34 
relating to bail-bondsmen and runners so as to make it applicable to Onslow 
County. 

Referred to Committee on Judiciary No. 1. 

By Senators West and Briggs: S. B. 475, a bill to provide for the non- 
partisan election of the members of the county board of education of 
Cherokee County. 

Referred to Committee on Local Government. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 208, a bill to create Chapter 55B of the General Statutes relating 
to the formation of corporations by persons duly licensed to render pro- 
fessional services, and denning the powers and responsibilities of such 
corporations and its members. 

Referred to Committee on Judiciary No. 2. 

H. B. 262, a bill to amend the charter of the town of Fairmont so as to 
fix the salary of the mayor and the town commissioners. 

Referred to Committee on Local Government. 

H. B. 469, a bill fixing the salary of the board of commissioners of 
Newport. 

Referred to Committee on Local Government. 

H. B. 470, a bill changing the compensation of the sheriff, register of 
deeds and county commissioners of Vance County. 

Referred to Committee on Local Government. 

H. 3. 479, a bill to amend Chapters 62 and 664 of the 1965 Session 
Laws relating to the compensation of the chairman and other members of 
the Pasquotank County Board of Commissioners. 

Referred to Committee on Local Government. 

H. B. 482, a bill to amend Chapter 121, Private Laws of 1931, relating 
to initiative, referendum and recall in the city of Asheville. 

Referred to Committee on Local Government. 

H. B. 489, a bill to amend Article 24 of Chapter 153 of the General 
Statutes to permit the board of commissioners of Mecklenburg County to 
exercise the power of eminent domain with respect to water and sewer 
systems in the same manner as permitted in Article 9 of Chapter 136 of 
the General Statutes. 

Referred to Committee on Local Government. 



1969] SENATE JOURNAL 321 

H. B. 558, a bill to authorize the town of Highlands in Macon County to 
make appropriations from nontax funds for certain public purposes. 

Referred to Committee on Local Government. 

H. B. 495, a bill to establish the salaries and remuneration of the sheriff, 
register of deeds and the county commissioners of Alamance County. 

Referred to Committee on Local Government. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 368, a bill authorizing the trustees of Rowan Technical Institute to 
convey real estate to Rowan County. 

Upon motion of Senator Sapp the Committee amendment is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 431, a bill authorizing Cabarrus County Board of Education to 
exchange real property. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 457, a bill to repeal Chapter 355 of the Public-Local Laws of 
1941 relating to elections in the town of Aurora. 

Passes its second and third readings and is ordered enrolled. 

S. B. 56, a bill to amend General Statutes 20-7 (f) so as to reward safe 
drivers by eliminating the requirement for taking written and road tests 
when applying for renewal of operator's license, upon third reading. 

Senator Gurganus offers an amendment which is adopted. 

Senator Burney offers an amendment which fails of adoption. 

Senator MacLean calls for the "ayes" and "noes". 

The call is sustained. 

The bill, as amended, passes its third reading by roll call vote, ayes 26, 
noes 24, as follows: 

Those voting in the affirmative are: Senators Allsbrook, Bryan, Dent, 
Ellis, Flaherty, Griffin, Gurganus, Harrington, Henley, Johnson, Joyner, 
Kirby, Larkins, Maxwell, McGeachy, Murrow, Norton, Poovey, Robinson, 
Sapp, S. Warren of Sampson, West, J. White of Cleveland, V. White of 
Pitt, Wilkie, Wood— 26. 

Those voting in the negative are: Senators Allen, Bagnal, Bailey, Boger, 
Bowles, Briggs, Burney, Coggins, Currie, Edwards, Evans, Folger, James, 
MacLean, Moore, Nielson, Patterson, Penn, Rauch, Reed, Saunders, Scott, 
Staton, L. Warren of Wayne— 24. 

The bill, as amended, is ordered engrossed and sent to the House of 
Representatives. 

S. B. 203, a bill to define, regulate and license auctioneers of the State of 
North Carolina. 

Upon motion of Senator J. White of Cleveland consideration of the bill 
is postponed until Tuesday, April 22, 1969. 



322 SENATE JOURNAL [Session 

Committee Substitute for S. B. 296, a bill to require all new house 
trailers exceeding thirty-two feet in length and used as residences within 
the State to have at least two doors. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 324, a bill to provide for the confinement of persons convicted of 
crimes in the State Department of Correction while awaiting judicial de- 
terminations of appeals. 

Senator Rauch moves adoption of the Committee amendment. 

Senator Burney offers an amendment which is adopted. 

The Committee amendment is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 332, a bill amending General Statutes 7-73.1 to provide that de- 
fendants confined in jail before trial be tried before defendants not so 
confined. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 334, a bill amending General Statutes 14-335 to change the punish- 
ment of persons convicted of public drunkeness. 

Upon motion of Senator Allsbrook consideration of the bill is postponed 
until Friday, April 18, 1969. 

S. J. R. 367, a joint resolution providing for the appointment of a 
Legislative Study Commission on student financial aid. 

Upon motion of Senator Kirby the Committee amendment is adopted. 

The resolution, as amended, passes its second and third readings and is 
ordered engrossed and sent to the House of Representatives. 

S. B. 374, a bill to provide for gratuitous distribution of certain State 
publications to Elizabeth City State College. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 339, a bill to re-codify and clarify Chapter 108 of the General 
Statutes of North Carolina entitled "Board of Public Welfare". 

Upon motion of Senator Gurganus the Committee amendment is adopted. 

The bill, as amended, remains upon the Calendar. 

H. B. 347, a bill amending Article IB of Chapter 113 of the General 
Statutes relating to State aid to airports so as to provide that the State 
may participate in up to fifty percent of the costs of certain projects. 

Upon motion of Senator Burney the Committee amendment is adopted. 

The bill, as amended, remains upon the Calendar. 

Upon motion of Senator L. Warren of Wayne, the Senate adjourns to 
meet tomorrow at 12 M. 



1969] SENATE JOURNAL 323 

EIGHTIETH DAY 

Senate Chamber, 
Thursday, April 17, 1969. 

The Senate meets pursuant to adjournment, and is called to order by- 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend D. M. Deaton, Jr., Pastor of the First 
Baptist Church, Whiteville. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and 
is found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

Upon motion of Senators Bailey and Coggins, the courtesies of the 
galleries are extended to the seventh grade of the Wendell School, Wendell, 
and to their teacher, Mr. Joe Sam Ruth. 

Upon motion of Senator Griffin, the President extends the courtesies of 
the galleries to Colonel Robert Bates, former Indiana Civil Defense 
Director, Indianapolis, and to retired General John Phillips, of Raleigh. 

Upon motion of Senators Bailey and Coggins, the President extends the 
courtesies of the galleries to the sixth grade of Our Lady of Lourdes 
School, Raleigh, and to their teacher, Sister Brenda Marie. 

The President grants leave of absence to Senators Flaherty and West 
for tomorrow, April 18, 1969. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary of 
State: 

H. B. 519, an act to amend Chapter 112 of the Session Laws of 1967 
relating to elections in the city of Newton. 

S. B. 144, an act amending Article IV of Chapter 84 of the General 
Statutes so as to permit district bar associations to assess and collect 
annual membership fees for the promotion and maintenance of its ad- 
ministration, activities and programs. 

S. B. 237, an act to provide for a period of probation when a new 
driver's license is issued under the provisions of General Statutes 20-19(e). 

H. B. 313, an act to add two new members to the Greenville City Board 
of Education and to provide that the city council shall appoint members to 
said board of education without any recommendation from such board of 
education. 

H. B. 443, an act to change the style of the town of Raeford to the city 
of Raeford and to change the name of the board of commissioners to the 
city council. 

H. B. 448, an act fixing the compensation of the sheriff, auditor and 
register of deeds of New Hanover County. 

H. B. 458, an act to make Chapter 504 of the Session Laws of 1965, 
relating to historic buildings and sites, applicable to the city of Wilmington. 



324 SENATE JOURNAL [Session 

H. B. 319, an act to amend General Statutes 89-14 relating to land 
surveyors so as to amend said act as it pertains to Alleghany County. 

H. B. 329, an act to provide for the election of the Hoke County Board 
of Education. 

H. B. 356, an act to amend the State Banking Laws. 

H. B. 455, an act to repeal the charter of the town of West Bladenboro. 

H. B. 463, an act to amend the charter of the town of Forest City, 
Chapter 2 of the Private Laws of 1925. 

H. B. 485, an act to amend General Statutes 136-1 relating to the 
membership of the State Highway Commission. 

H. B. 502, an act to increase the maximum number of members of school 
committees to seven persons in Cumberland County. 

H. B. 503, an act appointing certain members of Fairmont City Board of 
Education. 

H. B. 462, an act to fix the salary of the register of deeds of Haywood 
County. 

S. B. 26, an act to establish the North Carolina Underwriting Associa- 
tion so as to provide a method whereby adequate fire and extended 
coverage insurance may be obtained in the beach area of North Carolina. 

S. B. 384, an act to amend the charter of Lumberton, as amended by 
Chapter 282, Session Laws of 1965, so as to authorize the Robeson County 
Board of Elections and the city council to alter election precincts. 

H. B. 427, an act to redefine and extend the corporate limits of the town 
of Plymouth, Washington County, North Carolina. 

H. B. 450, an act to extend the town limits of the town of Robersonville 
in Martin County. 

H. B. 563, an act extending the time for municipal governing boards to 
fix their own compensation in 1969. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator J. White of Cleveland, for the Committee on Local Govern- 
ment: 

S. B. 43, a bill authorizing the board of commissioners of any county to 
modify the composition and mode of election of the board, with an un- 
favorable report as to bill, favorable report as to Committee Substitute 
bill. 

Upon motion of Senator J. White of Cleveland, the Committee Substitute 
bill is placed upon today's Calendar. 

S. B. 349, a bill to amend Chapter 936, Session Laws of 1963, to increase 
the membership of the board of county commissioners of Buncombe County. 
with a favorable report. 

S. B. 359, a bill to redefine the corporate boundaries of the city of States- 
ville so as to include within one description all the area embraced within 



1969] SENATE JOURNAL 325 

the corporate limits, including those several areas incorporated by annexa- 
tion, and certain property owned solely by the city, with a favorable report. 

S. B. 433, a bill amending Chapter 98, Public-Local Laws of 1941 as 
amended by Chapter 601, Session Laws of 1943, Chapter 137, Session Laws 
of 1945, and Chapter 1198, Session Laws of 1957, relating to the establish- 
ment and powers of the Greensboro-High Point Airport Authority, with a 
favorable report. 

S. B. 445, a bill to amend General Statutes 153-9 relating to the site of 
the Iredell County Courthouse, with a favorable report. 

H. B. 250, a bill amending Chapter 593 of the Session Laws of 1965 to 
increase the salary of the register of deeds of Clay County, with a 
favorable report. 

H. B. 339, a bill to regulate and fix the salaries of the sheriff and 
register of deeds of Lenoir County, with a favorable report. 

H. B. 394, a bill revising Article 6A of Chapter 153 of the General 
Statutes of North Carolina concerning the salaries of county officers and 
employees, with a favorable report, as amended. 

H. B. 446, a bill to amend Sections 105-306(26); 105-308; 105-309 and 
105-310 of the General Statutes of North Carolina in order to authorize 
the board of county commissioners of Pitt County to prescribe regulations 
relating to the listing of property for taxation in Pitt County, and to 
authorize the division, or combining of townships for tax listing purposes, 
with a favorable report. 

H. B. 471, a bill to amend General Statutes 160-227.1 to make the sub- 
division laws applicable to municipalities in McDowell County, with a 
favorable report. 

H. B. 480, a bill to provide for the appointment and compensation of the 
Pasquotank County accountant by the board of county commissioners, with 
a favorable report. 

H. B. 498, a bill amending Chapter 382 of the Session Laws of 1967 so 
as to authorize the town of Kernersville to join with Forsyth County and 
the city of Winston-Salem in joint purchasing arrangements, with a 
favorable report. 

H. B. 500, a bill to establish the salaries of the sheriff and register of 
deeds of Wake County, with a favorable report. 

H. B. 526, a bill to amend General Statutes 105-345 relating to the pre- 
payment of taxes and late interest charges in Mecklenburg County and the 
city of Charlotte, with a favorable report. 

H. B. 527, a bill to amend General Statutes 143-129 relating to purchases 
by Mecklenburg County, with a favorable report. 

H. B. 538, a bill to fix the salary of the register of deeds of Rutherford 
County, with a favorable report. 

H. B. 539, a bill to fix the salary of the sheriff of Rutherford County, 
with a favorable report. 

H. B. 547, a bill to amend the charter of the town of Cape Carteret with 
reference to the election and meetings of the board of commissioners, with 
a favorable report. 



326 SENATE JOURNAL [Session 

H. B. 549, a bill relating to the compensation of the chairman and 
members of the board of education of Craven County, with a favorable 
report. 

H. B. 556, a bill to validate the special bond election held in the town of 
Lincolnton, North Carolina, on January 14, 1969, with a favorable report. 

H. B. 570, a bill to amend Chapter 79 of the Session Laws of 1965 to 
change the time of election in the town of Ayden, with a favorable report. 

By Senator Bailey, for the Committee on Courts and Judicial Districts: 

S. B. 59, a bill to provide for an additional resident judge in the Fifth 
Judicial District, with a favorable report. 

Upon motion of Senator Ellis, the bill is re-referred to the Committee on 
Appropriations. 

By Senator Norton, for the Committee on Election Laws: 

H. B. 616, a bill to allow persons residing within annexed areas of the 
town of Mayodan to vote and to be eligible for office in the municipal 
election of 1969, with a favorable report, as amended. 

Upon motion of Senator Bailey, the bill is placed upon today's Calendar. 

By Senator Evans, for the Committee on Education: 

S. B. 420, a bill amending Chapter 787, Session Laws of 1967, relating 
to the Caldwell County Board of Education, with a favorable report. 

S. B. 440, a bill to provide for the election of the members of the board 
of education of Surry County as set forth in Chapter 972 of the Session 
Laws of 1967 on a non-partisan basis and from districts, with a favorable 
report. 

H. B. 251, a bill to clarify provisions of Chapter 20 of the General 
Statutes concerning private and parochial school buses and school activity 
buses, with a favorable report. 

H. B. 520, a bill to appoint two members to the board of education of 
Swain County, with a favorable report. 

H. B. 544, a bill to provide for the nomination, election and terms of 
office of members of the Washington County Board of Education, with a 
favorable report. 

S. B. 397, a bill to repeal Chapter 1044 of the 1967 Session Laws pro- 
viding for the nomination and election of members of the board of educa- 
tion of Madison County, with a favorable report. 

By Senator Currie, for the Committee on Alcoholic Beverage Control: 

S. B. 253, a bill to amend Chapter 18 of the General Statutes of North 
Carolina to provide additional revenue to be allocated for public educa- 
tional purposes, with a favorable report. 

S. B. 254, a bill to amend Chapter 18 of the General Statutes of North 
Carolina to remove the limitation on purchase and transportation of fortified 
wine, with a favorable report, as amended. 

S. B. 399, a bill to authorize a referendum in the town of Hudson on 
alcoholic beverage control stores, with a favorable report. 

S. B. 411, a bill to amend Chapter 1235, Session Laws of 1949, relating 
to the sale of beer and wine in Holly Springs Township, Wake County, with 
a favorable report. 



1969] SENATE JOURNAL 327 

H. B. 529, a bill to amend General Statutes 18-37 and 18-38 relating to 
the State Board of Alcoholic Control and the director of the board, with a 
favorable report. 

By Senator Ellis, for the Committee on Judiciary No. 1: 

S. B. 407, a bill to amend General Statutes 44-49 and General Statutes 
44-50 to provide for the inclusion of sums due for ambulance service in 
liens upon recoveries for personal injuries, with a favorable report. 

H. B. 340, a bill amending General Statutes 14-111.2 relating to ob- 
taining ambulance services without intending to pay therefor, so as to 
make the same applicable to Catawba County, with a favorable report, as 
amended. 

By Senator Boger, for the Committee on Judiciary No. 2: 

H. B. 504, a bill amending Chapter 1073 of the 1959 Session Laws so as 
to provide for the issuance of pistol permits in Clay County by the Clerk 
of Superior Court, with a favorable report. 

H. B. 590, a bill to provide for the removal of unauthorized motor 
vehicles from private parking lots in Wilson County, with a favorable 
report. 

By Senator Patterson, for the Committee on Personnel and Employment 
Programs: 

S. B. 363, a bill amending Chapter 296 of Public-Local Laws for the year 
1939, as amended, to permit the investment of a maximum of fifty per cent 
(50%) of the assets of the Winston-Salem employees retirement fund in 
common stocks, with a favorable report. 

H. B. 405, a bill to amend General Statutes 118-20 so as to make the 
State Personnel Act applicable to the secretary of the North Carolina 
Firemen's Pension Fund, with a favorable report. 

Upon motion of Senator Patterson, the bill is re-referred to the Com- 
mittee on Appropriations. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator Evans: S. J. R. 476, a joint resolution creating the Commis- 
sion on the Recodification of the Public School Laws of North Carolina. 

Referred to Committee on Education. 

By Senators Evans, MacLean, S. Warren of Sampson, James and Allen: 
S. B. 477, a bill to amend and revise Articles 25 and 26 of Chapter 115 
of the General Statutes to authorize county and city boards of education 
to provide for the selection and procurement of supplementary textbooks, 
library books, publications, and other instructional materials for the public 
school system. 

Referred to Committee on Education. 

By Senator MacLean: S. B. 478, a bill to amend Chapter 115, Session 
Laws of 1963, the charter of the city of Lumberton, with reference to local 
improvements. 

Referred to Committee on Local Government. 



328 SENATE JOURNAL [Session 

By Senator MacLean: S. B. 479, a bill to amend General Statutes 130-13, 
so as to authorize counties to appoint additional members to the county 
board of health. 

Referred to Committee on Public Health. 

By Senators Joyner and Poovey: S. B. 480, a bill to appropriate funds 
for historic Fort Dobbs in Iredell County. 

Referred to Committee on Appropriations. 

By Senators Allsbrook, Harrington and Wood: S. B. 481, a bill fixing the 
open seasons for taking and hunting wild gobbler or bearded turkeys in 
certain counties of North Carolina. 

Referred to Committee on Wildlife. 

By Senator V. White of Pitt: S. B. 482, a bill to amend Chapter 450, 
Session Laws of 1961, to redefine the corporate limits of the town of Bethel. 

Referred to Committee on Local Government. 

By Senator Edwards: S. B. 483, a bill to provide funds for the mainte- 
nance and protection of "Blandwood," the former home of Governor John 
Motley Morehead in Greensboro. 

Referred to Committee on Appropriations. 

By Senator Griffin: S. B. 484, a bill to extend to Vietnam veterans and 
their dependants those entitlements heretofore granted the veterans of 
previous wars; to provide for revoking scholarships in cases of campus 
disorders; and to make certain editorial changes in General Statutes 165. 

Referred to Committee on Veterans and Military Affairs. 

By Senator Folger: S. B. 485, a bill to authorize State employee payroll 
deductions for credit unions. 

Referred to Committee on Personnel and Employment Programs. 

By Senators Boger and Edwards: S. B. 486, a bill to amend Chapter 48 
and Chapter 49 of the General Statutes to specify certain relationship 
between them regarding adoption. 

Referred to Committee on Judiciary No. 2. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 197, a bill to amend General Statutes 162-5 pertaining to the 
procedure for filling a vacancy in the office of sheriff. 

Referred to Committee on Judiciary No. 1. 

H. B. 638, a bill prohibiting the use of rifles in the mainland area of 
Dare County from the northern boundary line of the town of Kill Devil 
Hills to the northern boundary line of the county of Dare. 

Referred to Committee on Judiciary No. 2. 

H. B. 204, a bill to assure equal treatment of all citizens of Gaston County 
when fees are charged for certain services furnished by the county. 

Referred to Committee on Local Government. 



1969] SENATE JOURNAL 329 

H. B. 316, a bill relating to the propagation and labeling and sale of 
quail so as to permit the process and sale of quail carcasses for food. 

Referred to Committee on Agriculture. 

H. B. 452, a bill amending Article I of Chapter 113 of the General 
Statutes relating to the Board of Conservation and Development and the 
Director thereof. 

Referred to Committee on Conservation and Development. 

H. B. 523, a bill to amend Chapter 105 of the General Statutes to pro- 
vide limitations upon the use to be made of lists of employees furnished 
tax collectors. 

Referred to Committee on Local Government. 

H. B. 636, a bill to amend Chapter 14, Section 197 of the General Statutes 
of North Carolina by removing Dare County as an exempted county from 
the provisions of this act relating to the use of indecent language. 

Referred to Committee on Judiciary No. 2. 

H. B. 637, a bill to amend Chapter 14, Section 269.1 of the General 
Statutes of North Carolina by removing Dare County as an exempted 
county from the provisions of this act relating to the confiscation of 
firearms. 

Referred to Committee on Judiciary No. 2. 

H. B. 725, a bill authorizing the board of county commissioners and the 
county ABC board of Gates County to jointly employ law enforcement 
officers. 

Referred to Committee on Alcoholic Beverage Control. 

H. J. R. 814, a joint resolution honoring the memory of a dedicated 
public servant and devoted North Carolinian, Bowman Gray, Jr. 

Upon motion of Senator Bagnal, the rules are suspended and the resolu- 
tion is placed upon its immediate passage. 

Passes its second and third readings and is ordered enrolled. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 400, a bill to revise and consolidate the charter of the town of 
Harrells, North Carolina, upon second reading. 

The amendment offered by the Committee is adopted. 

The bill, as amended, passes its second reading by roll call vote, ayes 43, 
noes 0, as follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Briggs, Bryan, Burney, Coggins, Currie, Edwards, Ellis, 
Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, James, 
Johnson, Joyner, Kirby, Larkins, McGeachy, Moore, Norton, Patterson, 
Penn, Poovey, Rauch, Reed, Robinson, Sapp, Saunders, Scott, S. Warren of 
Sampson, L. Warren of Wayne, West, J. White of Cleveland, V. White of 
Pitt, Wilkie, Wood— 43. 



330 SENATE JOURNAL [Session 

H. B. 559, a bill to clarify the small watershed laws with respect to 
project maintenance in Duplin, Pender and Sampson Counties, upon second 
reading. 

The bill passes it second reading by roll call vote, ayes 43, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Briggs, Bryan, Burney, Coggins, Currie, Edwards, Ellis, 
Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, James, 
Johnson, Joyner, Kirby, Larkins, McGeachy, Moore, Norton, Patterson, 
Penn, Poovey, Rauch, Reed, Robinson, Sapp, Saunders, Scott, S. Warren of 
Sampson, L. Warren of Wayne, West, J. White of Cleveland, V. White of 
Pitt, Wilkie, Wood— 43. 

S. B. 401, a bill to fix the salary of the register of deeds of Cabarrus 
County. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 402, a bill to fix the salary of the sheriff of Cabarrus County. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 406, a bill to set the salary of the Mitchell County Board of Com- 
missioners. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 413, a bill to amend Chapter 677 of the 1947 Session Laws relating 
to zoning in Forsyth County. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 419, a bill to amend General Statutes 153-10.1 to authorize the 
board of county commissioners of Sampson County to regulate garbage 
disposal. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 421, a bill fixing the compensation of the board of commissioners of 
Caldwell County. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 441, a bill to amend Chapter 622, Session Laws of 1967, relating 
to the fees of justices of the peace in Surry County. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 220, a bill to establish the hunting season for bear, deer, and 
squirrel in the counties of Duplin, Onslow and Pender. 

Passes its second and third readings and is ordered enrolled. 

H. B. 325, a bill prohibiting the hunting of game animals with dogs 
between March 1 and October 15 in Beaufort County. 

Upon motion of Senator Gurganus, the amendment offered by the Com- 
mittee is adopted. 



1969] SENATE JOURNAL 331 

The bill, as amended, passes its second and third readings and is ordered 
sent to the House of Representatives for concurrence in the Senate amend- 
ment. 

H. B. 419, a bill amending Chapter 456 of the 1965 Session Laws relating 
to the salaries of certain officials of Pender County. 

Upon motion of Senator Allsbrook, the amendment offered by the 
Committee is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
sent to the House of Representatives for concurrence in the Senate amend- 
ment. 

H. B. 453, a bill prohibiting the discharge of firearms on or across any 
highway in Haywood County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 616, a bill to allow persons residing within annexed areas of the 
town of Mayodan to vote and to be eligible for office in the municipal 
election of 1969. 

Upon motion of Senator Kirby, the amendment offered by the Committee 
is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
sent to the House of Representatives for concurrence in the Senate amend- 
ment. 

S. B. 394, a bill to amend Article 26 of Chapter 153 of the General 
Statutes of North Carolina to authorize coastal cities to levy special 
assessments for beach erosion control and flood and hurricane protection 
projects and to enlarge the discretion of county commissioners with respect 
to the levying of special assessments for the same purpose, upon second 
reading. 

The bill passes its second reading by roll call vote, ayes 43, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Briggs, Bryan, Burney, Coggins, Currie, Edwards, Ellis, 
Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, James, 
Johnson, Joyner, Kirby, Larkins, McGeachy, Moore, Norton, Patterson, 
Penn, Poovey, Rauch, Reed, Robinson, Sapp, Saunders, Scott, S. Warren of 
Sampson, L. Warren of Wayne, West, J. White of Cleveland, V. White of 
Pitt, Wilkie, Wood— 43. 

S. B. 395, a bill to amend General Statutes 153-80, being part of the 
County Finance Act, to fix the maturity of bonds issued to finance beach 
erosion control and similar projects, upon second reading. 

The bill passes its second reading by roll call vote, ayes 43, noes 0, as 
follows. 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Briggs, Bryan, Burney, Coggins, Currie, Edwards, Ellis, 
Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, James, 
Johnson, Joyner, Kirby, Larkins, McGeachy, Moore, Norton, Patterson, 
Penn, Poovey, Rauch, Reed, Robinson, Sapp, Saunders, Scott, S. Warren of 
Sampson, L. Warren of Wayne, West, J. White of Cleveland, V. White of 
Pitt, Wilkie, Wood— 43. 



332 SENATE JOURNAL [Session 

S. B. 318, a bill to create an advisory council on alcoholism to the State 
Board of Mental Health. 

The bill passes its second reading. 

Senator Boger offers an amendment which is adopted. 

The bill, as amended, passes its third reading and is ordered engrossed 
and sent to the House of Representatives. 

S. B. 339, a bill to re-codify and clarify Chapter 108 of the General 
Statutes of North Carolina entitled "Board of Public Welfare." 

The bill, as amended, passes its second and third readings and is ordered 
sent to the House of Representatives without engrossment. 

S. B. 376, a bill to rename the division of Forestry of the Department of 
Conservation and Development as the "North Carolina Forest Service". 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 377, a bill amending General Statutes 113-35 relating to forest 
nurseries operated by the Department of Conservation and Development so 
as to clarify the uses which may be made of forest tree seeds and seedlings. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 378, a bill to amend Chapter 1070 of the North Carolina Session 
Laws of 1967 to make statutes authorizing zoning, subdivision regulations, 
building codes and acquisition of open space applicable to flood plain 
management. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 379, a bill amending General Statutes 113-81.1 relating to forest 
services rendered by the Department of Conservation and Development so 
as to provide for additional services. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 403, a bill to authorize state chartered savings and loan associa- 
tions to accept savings deposits in a manner similar to Federal Savings 
and Loan Associations doing business in North Carolina. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 404, a bill to provide as authorized investments for savings and loan 
associations improvements to real property and mobile home financing. 

Upon motion of Senator Currie, the amendment offered by the Committee 
is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 412, a bill to revise the structure of the North Carolina Good 
Neighbor Council. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 



1969] SENATE JOURNAL 333 

S. B. 428, a bill authorizing commercial and sports fisheries inspectors 
and wildlife protectors to obtain and execute search warrants. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

Committee Substitute for S. B. 43, a bill authorizing the qualified voters 
of any county to modify the composition and mode of election of the board 
of county commissioners. 

Upon motion of Senator J. White of Cleveland, the Committee Substitute 
bill is adopted. 

Upon motion of Senator McGeachy, the Senate adjourns to meet tomorrow 
morning at 9:30 o'clock. 



EIGHTY-FIRST DAY 

Senate Chamber, 
Friday, April 18, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by Senator Norman H. Joyner. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and 
is found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

The President grants leave of absence to Senator Dent for today, and to 
Senator Bryan for Monday and Tuesday, April 21 and April 22, 1969. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary of 
State: 

S. J. R. 255, a joint resolution requesting the Department of Motor 
Vehicles to change the numbering system currently employed in the 
issuance of official automobile registration plates to members of the General 
Assembly. 

H. J. R. 671, a joint resolution commemorating the Halifax Resolves of 
April 12, 1776, which authorized North Carolina delegates in the Con- 
tinental Congress to vote for independence. 

S. B. 191, an act enabling municipalities to finance redevelopment pro- 
grams on an annual basis. 

S. B. 338, an act authorizing the Greensboro City Board of Education to 
execute and deliver a quitclaim deed for certain land. 

H. B. 457, an act to repeal Chapter 355 of the Public-Local Laws of 1941 
relating to elections in the town of Aurora. 

H. B. 616, an act to allow persons residing within annexed areas of the 
town of Mayodan and the town of Clayton to vote and to be eligible for 
office in the municipal election of 1969. 



334 SENATE JOURNAL [Session 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Burney, for the Committee on Conservation and Development: 

H. B. 452, a bill amending Article I of Chapter 113 of the General 
Statutes relating to the Board of Conservation and Development and the 
director thereof, with a favorable report. 

Upon motion of Senator Burney the rules are suspended and the bill 
is placed on today's Calendar. 

By Senator J. White of Cleveland, for the Committee on Local Govern- 
ment: 

S. B. 434, a bill to amend Chapter 414, of the Session Laws of 1965, so 
as to make the same applicable to Mitchell County, with a favorable 
report. 

S. B. 435, a bill directing the board of commissioners of Mitchell County 
to appropriate $1200 to the North Carolina Rhododendron Festival on 
Roan Mountain in Mitchell County, with a favorable report, as amended. 

S. B. 436, a bill to authorize the sheriff of Yancey County to employ an 
additional deputy sheriff and to fix his compensation and expense allowance, 
with a favorable report. 

S. B. 438, a bill relating to salaries and expense allowances of the deputy 
sheriffs of Yancey County, with a favorable report. 

S. B. 439, a bill to fix the compensation of the members of the board of 
county commissioners of Person County, with a favorable report, as 
amended. 

S. B. 443, a bill to amend Chapter 1056 of the Session Laws of 1967 
relating to Halifax County, with a favorable report. 

S. B. 447, a bill to authorize the Windsor Township Development Com- 
mission in Bertie County to subordinate loans made by it, with a favorable 
report. 

S. B. 458, a bill to increase the salary of certain elected officials in Rowan 
County, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator J. White of Cleveland: S. B. 487, a bill amending Chapter 159 
of the General Statutes, the same being the Local Government Act, relating 
to the issuance of a single bond without coupons registered as to both 
principal and interest. 

Referred to Committee on Finance. 

By Senator J. White of Cleveland: S. B. 488, a bill to amend General 
Statutes 160-390, being a part of the Municipal Finance Act, 1921, to 
remove the interest rate limitation on bonds. 

Referred to Committe on Finance. 



1969] SENATE JOURNAL 335 

By Senator J. White of Cleveland: S. B. 489, a bill to amend General 
Statutes 153-74, 153-104 and 153-108, all being part of the County Finance 
Act, relating to the interest rates on bonds and bond anticipation notes. 

Referred to Committee on Finance. 

By Senator Currie: S. B. 490, a bill to amend General Statutes 160-172 
of zoning regulations so as to authorize the amortization of non-conforming 
buildings and uses. 

Referred to Committee on Judiciary No. 1. 

By Senator Burney: S. B. 491, a bill to amend the Constitution of North 
Carolina to authorize trial upon information and the waiver of jury trial in 
noncapital cases, subject to regulations prescribed by the General Assembly. 

Referred to Committee on Constitution. 

By Senator McGeachy: S. B. 492, a bill to provide for abatement of State 
income taxes for armed forces personnel whose death occurs in combat zone 
or as a result of wounds, injuries or disease incurred while so serving. 

Referred to Committee on Finance. 

By Senator Edwards: S. B. 493, a bill to amend Chapter 55 and related 
provisions of the General Statutes relating to business corporations. 

Referred to Committee on Judiciary No. 2. 

By Senator Edwards: S. B. 494, a bill to amend Chapter 55A of the 
General Statutes relating to non-profit corporations. 

Referred to Committee on Judiciary No. 2. 

By Senator Staton: S. B. 495, a bill appropriating funds to the Depart- 
ment of Conservation and Development for the purchase of lands to 
establish Raven Rock State Park. 

Referred to Committee on Conservation and Development. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 166, a bill to amend General Statutes 20-118 concerning axle 
weights. 

Referred to Committee on Public Roads. 

H. B. 267, a bill to establish Pembroke College as a regional university 
with the designation of "Pembroke State University". 

Referred to Committee on Higher Education. 

H. B. 693, a bill to repeal Chapter 396, Public-Local Laws of 1937, re- 
lating to the sale of beer and wine in the village of Swannanoa. 

Referred to Committee on Alcoholic Beverage Control. 

H. B. 694, a bill to authorize the Montgomery County Board of Education 
to enter into written agreements with the employees of said Board to 
deduct specified sums from the salaries of the employees for hospitalization 
insurance. 

Referred to Committee on Education. 



336 SENATE JOURNAL [Session 

H. B. 711, a bill to authorize the Winston-Salem/Forsyth County Board 
of Education to convey certain lands to the North Carolina School of the 
Arts Foundation, Inc. 

Referred to Committee on Education. 

H. B. 735, a bill amending General Statutes 7-64 relating to the jurisdic- 
tion of the superior and inferior courts so as to make same applicable to 
Iredell County. 

Referred to Committee on Courts and Judicial Districts. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 400, a bill to revise and consolidate the charter of the town of 
Harrells, North Carolina, upon third reading. 

The bill, as amended, passes its third reading by roll call vote, ayes 38, 
noes 0, as follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Edwards, 
Ellis, Evans, Folger, Griffin, Henley, James, Johnson, Joyner, Kirby, 
McGeachy, Murrow, Nielson, Norton, Patterson, Poovey, Rauch, Robinson, 
Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of Wayne, 
J. White of Cleveland, V. White of Pitt, Wilkie— 38. 

The bill, as amended, is ordered engrossed and sent to the House of 
Representatives. 

H. B. 559, a bill to clarify the small watershed laws with respect to 
project maintenance in Duplin, Pender and Sampson Counties, upon third 
reading. 

The bill passes its third reading by roll call vote, ayes 38, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Edwards, 
Ellis, Evans, Folger, Griffin, Henley, James, Johnson, Joyner, Kirby, 
McGeachy, Murrow, Nielson, Norton, Patterson, Poovey, Rauch, Robinson, 
Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of Wayne, 
J. White of Cleveland, V. White of Pitt, Wilkie— 38. 

The bill is ordered enrolled. 

S. B. 359, a bill to redefine the corporate boundaries of the city of States- 
ville so as to include within one description all the area embraced within 
the corporate limits, including those several areas incorporated by annexa- 
tion, and certain property owned solely by the city, upon second reading. 

The bill passes its second reading by roll call vote, ayes 38, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal,. 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Edwards, 
Ellis, Evans, Folger, Griffin, Henley, James, Johnson, Joyner, Kirby, 
McGeachy, Murrow, Nielson, Norton, Patterson, Poovey, Rauch, Robinson, 
Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of Wayne, 
J. White of Cleveland, V. White of Pitt, Wilkie— 38. 



1969] SENATE JOURNAL 337 

The bill remains upon the Calendar. 

S. B. 433, a bill amending Chapter 98, Public-Local Laws of 1941 as 
amended by Chapter 601, Session Laws of 1943, Chapter 137, Session Laws 
of 1945, and Chapter 1198, Session Laws of 1957, relating to the establish- 
ment and powers of the Greensboro-High Point Airport Authority, upon 
second reading. 

The bill passes its second reading by roll call vote, ayes 38, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Edwards, 
Ellis, Evans, Folger, Griffin, Henley, James, Johnson, Joyner, Kirby, 
McGeachy, Murrow, Nielson, Norton, Patterson, Poovey, Rauch, Robinson, 
Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of Wayne, 
J. White of Cleveland, V. White of Pitt, Wilkie— 38. 

The bill remains upon the Calendar. 

S. B. 349, a bill to amend Chapter 936, Session Laws of 1963, to increase 
the membership of the board of county commissioners of Buncombe County. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 397, a bill to repeal Chapter 1044 of the 1967 Session Laws pro- 
viding for the nomination and election of members of the board of education 
of Madison County. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 399, a bill to authorize a referendum in the town of Hudson on 
alcoholic beverage control stores. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 411, a bill to amend Chapter 1235, Session Laws of 1949, relating 
to the sale of beer and wine in Holly Springs Township, Wake County. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 420, a bill amending Chapter 787, Session Laws of 1967, relating 
to the Caldwell County Board of Education. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 440, a bill to provide for the election of the members of the board 
of education of Surry County as set forth in Chapter 972 of the Session 
Laws of 1967 on a non-partisan basis and from districts. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 445, a bill to amend General Statutes 153-9 relating to the site of 
the Iredell County courthouse. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 250, a bill amending Chapter 593 of the Session Laws of 1965 to 
increase the salary of the register of deeds of Clay County. 



338 SENATE JOURNAL [Session 

Passes its second and third reading's and is ordered enrolled. 

H. B. 339, a bill to regulate and fix the salaries of the sheriff and register 
of deeds of Lenoir County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 340, a bill amending General Statutes 14-111.2 relating to ob- 
taining ambulance services without intending to pay therefor, so as to 
make the same applicable to Catawba County. 

Upon motion of Senator Nielson the Committee amendment is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
enrolled and sent to the House of Representatives for concurrence in the 
Senate amendment. 

H. B. 446, a bill to amend Sections 105-306(26); 105-308; 105-309 and 
105-310 of the General Statutes of North Carolina in order to authorize the 
board of county commissioners of Pitt County to prescribe regulations 
relating to the listing of property for taxation in Pitt County, and to 
authorize the division, or combining of townships for tax listing purposes. 

Passes its second and third readings and is ordered enrolled. 

H. B. 471, a bill to amend General Statutes 160-227.1 to make the sub- 
division laws applicable to municipalities in McDowell County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 480, a bill to provide for the appointment and compensation of the 
Pasquotank County accountant by the board of county commissioners. 

Passes its second and third readings and is ordered enrolled. 

H. B. 498, a bill amending Chapter 382 of the Session Laws of 1967 so 
as to authorize the town of Kernersville to join with Forsyth County and 
the city of Winston-Salem in joint purchasing arrangements. 

Passes its second and third readings and is ordered enrolled. 

H. B. 500, a bill to establish the salaries of the sheriff and register of 
deeds of Wake County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 504, a bill amending Chapter 1073 of the 1959 Session Laws so 
as to provide for the issuance of pistol permits in Clay County by the 
clerk of Superior Court. 

Passes its second and third readings and is ordered enrolled. 

H. B. 520, a bill to appoint two members to the board of education of 
Swain County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 526, a bill to amend General Statutes 105-345 relating to the pre- 
payment of taxes and late interest charges in Mecklenburg County and 
the city of Charlotte. 

Passes its second and third readings and is ordered enrolled. 
H. B. 527, a bill to amend General Statutes 143-129 relating to purchases 
by Mecklenburg County. 

Passes its second and third readings and is ordered enrolled. 
H. B. 538, a bill to fix the salary of the register of deeds of Rutherford 
County. 



1969] SENATE JOURNAL 339 

Passes its second and third readings and is ordered enrolled. 

H. B. 539, a bill to fix the salary of the sheriff of Rutherford County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 544, a bill to provide for the nomination, election and terms of office 
of members of the Washington County Board of Education. 

Passes its second and third readings and is ordered enrolled. 

H. B. 547, a bill to amend the charter of the town of Cape Carteret with 
reference to the election and meetings of the board of commissioners. 

Passes its second and third readings and is ordered enrolled. 

H. B. 549, a bill relating to the compensation of the chairman and 
members of the board of education of Craven County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 556, a bill to validate the special bond election held in the town 
of Lincolnton, North Carolina, on January 14, 1969. 

Passes its second and third readings and is ordered enrolled. 

H. B. 570, a bill to amend Chapter 79 of the Session Laws of 1965 to 
change the time of election in the town of Ayden. 

Passes its second and third readings and is ordered enrolled. 

H. B. 590, a bill to provide for the removal of unauthorized motor vehicles 
from private parking lots in Wilson County. 

Passes its second and third readings and is ordered enrolled. 

S. B. 394, a bill to amend Article 26 of Chapter 153 of the General 
Statutes of North Carolina to authorize coastal cities to levy special 
assessments for beach erosion control and flood and hurricane protection 
projects and to enlarge the discretion of county commissioners with respect 
to the levying of special assessments for the same purpose, upon third 
reading. 

The bill passes its third reading by roll call vote, ayes 38, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Edwards, 
Ellis, Evans, Folger, Griffin, Henley, James, Johnson, Joyner, Kirby, 
McGeachy, Murrow, Nielson, Norton, Patterson, Poovey, Rauch, Robinson, 
Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of Wayne, 
J. White of Cleveland, V. White of Pitt, Wilkie— 38. 

The bill is ordered sent to the House of Representatives. 

S. B. 395, a bill to amend General Statutes 153-80, being part of the 
County Finance Act, to fix the maturity of bonds issued to finance beach 
erosion control and similar projects, upon third reading. 

The bill passes its third reading by roll call vote, ayes 38, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Edwards, 
Ellis, Evans, Folger, Griffin, Henley, James, Johnson, Joyner, Kirby, 
McGeachy, Murrow, Nielson, Norton, Patterson, Poovey, Rauch, Robinson, 



340 SENATE JOURNAL [Session 

Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of Wayne, 
J. White of Cleveland, V. White of Pitt, Wilkie— 38. 

The bill is ordered sent to the House of Representatives. 

S. B. 253, a bill to amend Chapter 18 of the General Statutes of North 
Carolina to provide additional revenue to be allocated for public educa- 
tional purposes. 

Upon motion of Senator McGeachy, the bill is re-referred to the Com- 
mittee on Finance. 

Committee Substitute for S. B. 43, a bill authorizing the qualified voters 
of any county to modify the composition and mode of election of the board 
of county commissioners. 

Upon motion of Senator J. White of Cleveland, consideration of the bill is 
postponed until Wednesday, April 23, 1969. 

S. B. 254, a bill to amend Chapter 18 of the General Statutes of North 
Carolina to remove the limitation on purchase and transportation of fortified 
wine. 

Upon motion of Senator Currie the Committee amendment is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 334, a bill amending General Statutes 14-335 to change the punish- 
ment of persons convicted of public drunkenness. 

Upon motion of Senator Rauch, consideration of the bill is postponed 
until Tuesday, April 22, 1969. 

S. B. 363, a bill amending Chapter 296 of Public-Local Laws for the 
year 1939, as amended, to permit the investment of a maximum of fifty 
per cent (50 r /c) of the assets of the Winston-Salem employees retirement 
fund in common stocks. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 407, a bill to amend General Statutes 44-49 and General Statutes 
44-50 to provide for the inclusion of sums due for ambulance service in 
liens upon recoveries for personal injuries. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 71, a bill to amend General Statutes 20-216 concerning passing of 
horses and other draft animals. 

Upon motion of Senator Ellis, the bill is re-referred to the Committee on 
Judiciary No. 1. 

H. B. 233, a bill to require special reflective devices to be displayed on 
the rear of slow-moving vehicles such as farm tractors and implements of 
husbandry operated on highways between sunset and sunrise. 

Upon motion of Senator Wood, the Committee amendment is adopted. 

Upon motion of Senator Gurganus, the vote by which the Committee 
amendment was adopted is reconsidered. 

Upon motion of Senator Wood, consideration of the bill and the amend- 
ment is postponed until Tuesday, April 22, 1969. 



1969] SENATE JOURNAL 341 

H. B. 251, a bill to clarify provisions of Chapter 20 of the General 
Statutes concerning private and parochial school buses and school activity 
buses. 

Passes its second and third readings and is ordered enrolled. 

H. B. 347, a bill amending Article IB of Chapter 113 of the General 
Statutes relating to State aid to airports so as to provide that the State 
may participate in up to fifty per cent of the costs of certain projects. 

The bill, as amended, passes its second and third readings and is ordered 
sent to the House of Representatives for concurrence in the Senate amend- 
ment. 

H. B. 364, a bill to provide credit toward the satisfaction of the sentence 
when the defendant is unable to secure his release on bail pending appeal. 

Passes its second and third readings and is ordered enrolled. 

H. B. 394, a bill revising Article 6A of Chapter 153 of the General 
Statutes of North Carolina concerning the salaries of county officers and 
employees. 

Upon motion of Senator J. White of Cleveland, consideration of the bill 
is postponed until Wednesday, April 23, 1969. 

H. B. 422, a bill to increase from three hundred dollars ($300.00) to five 
hundred ($500.00) the amount of a child's yearly allowance for support 
allotted from a parent's estate. 

Passes its second and third readings and is ordered enrolled. 

H. B. 529, a bill to amend General Statutes 18-37 and 18-38 relating to 
the State Board of Alcoholic Control and the Director of the Board. 

The bill passes its second reading. 

Upon objection of Senator Bagnal to its third reading, the bill is placed 
upon the Calendar for Monday, April 21, 1969. 

H. B. 452, a bill amending Article I of Chapter 113 of the General 
Statutes relating to the Board of Conservation and Development and the 
Director thereof. 

Passes its second and third readings and is ordered enrolled. 

S. B. 293, a bill amending Article I of Chapter 113 of the General 
Statutes relating to the Board of Conservation and Development and the 
Director thereof. 

Upon motion of Senator Burney, consideration of the bill is postponed 
indefinitely. 

Upon motion of Senator James, the Senate adjourns to meet tomorrow 
morning at 9:30 o'clock, at which time only Public Local bills will be con- 
sidered, and adjournment will be until Monday evening at 8:00 o'clock. 



EIGHTY-SECOND DAY 

Senate Chamber, 
Saturday, April 19, 1969. 

The Senate meets pursuant to adjournment, and in the absence of 
Lieutenant Governor H. Patrick Taylor, Jr. and President Pro Tempore N. 



342 SENATE JOURNAL [Session 

Hector McGeachy, Jr., the Principal Clerk, Roy Rowe, calls Senator Coggins 
to the Chair, who calls the Senate to order and presides during the Session. 

Prayer is offered by Senator Coggins. 

Senator Bailey for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

Upon motion of Senator Bailey, the Senate adjourns to meet Monday 
evening at 8:00 o'clock. 



EIGHTY-THIRD DAY 

Senate Chamber, 
Monday, April 21, 1969. 

The Senate meets pursuant to adjournment, and in the absence of 
Lieutenant Governor H. Patrick Taylor, Jr. is called to order by President 
Pro Tempore N. Hector McGeachy. 

Prayer is offered by the Reverend Jack F. Coffey, Pastor of New Hope 
Baptist Church, Raleigh. 

Senator Moore for the Committee on Rules and Operation of the Senate 
announces that the Journal of Saturday has been examined and is found to 
be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

The Chair extends the courtesies of the galleries to Mrs. G. L. Allen and 
Mrs. E. E. Carver, the mother and aunt of Senator Allen, and to Senator 
Allen's cousin, Mr. Benton. 

Upon motion of Senator Wilkie, the courtesies of the galleries are ex- 
tended to Mr. Leroy Briggs, the brother of Senator Briggs, who is a 
teacher at Lee Edwards High School in Asheville. 

Upon motion of Senator Griffin, Brian Thomas Kiger, the son of Mr. 
and Mrs. Thomas K. Kiger of Raleigh, is made an honorary page of the 
Senate. 

Upon motion of Senator West, the courtesies of the galleries are ex- 
tended to Mrs. Calvin Coolidge Murrow, the wife of Senator Murrow of 
Guilford County, and to Mr. and Mrs. Harold Stroude and daughter Brenda, 
accompanying her. 

The Chair grants leave of absence to Senator Edwards for tonight. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Bailey, for the Committee on Courts and Judicial Districts: 

S. B. 3, a bill amending Chapter 151 of the General Statutes so as to 

authorize constables to serve criminal and civil process, and authorizing 

county commissioners to fix the salaries of constables, with an unfavorable 

report. 



1969] SENATE JOURNAL 343 

H. B. 221, a bill amending General Statutes 7A-196 relating to trials in 
District Court so as to provide for the transfer of criminal cases without 
hearing in District Court when the defendant demands a jury trial, with 
a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator Penn: S. B. 496, a bill to rewrite Article 4 of Chapter 87 of 
the General Statutes of North Carolina pertaining to the State Board of 
Examiners of Electrical Contractors and to regulations for the reduction of 
fire hazards and for protection of life and property. 

Referred to Committee on Judiciary No. 1. 

By Senators Bailey and L. Warren of Wayne: S. B. 497, a bill to extend 
the district court system to seventeen additional counties, to make certain 
additions and revisions to General Statutes Chapter 7 A ("The Judicial 
Department"), to repeal, revise, or transfer various Sections of General 
Statutes Chapter 7 (Courts), and for other related purposes. 

Referred to Committee on Courts and Judicial Districts. 

By Senator Johnson: S. B. 498, a bill to authorize the board of county 
commissioners of Johnston County to compensate certain officers for the 
service of civil and criminal process. 

Referred to Committee on Local Government. 

By Senators Currie and Allen: S. B. 499, a bill to make North Carolina 
College at Durham a regional university. 

Referred to Committee on Higher Education. 

By Senator Currie: S. B. 500, a bill to revise the Physical Therapy 
Practice Act. 

Referred to Committee on Public Health. 

By Senator Griffin: S. B. 501, a bill prohibiting hunting from public 
roads without landowner's permission in a portion of Franklin County. 
Referred to Committee on Agriculture. 

By Senators Wood and Harrington: S. B. 502, a bill to appropriate funds 
for historic Edenton. 

Referred to Committee on Finance. 

By Senator J. White of Cleveland: S. B. 503, a bill to amend General 
Statutes 160-417 and 160-421, being part of the Revenue Bond Act of 1938, 
to remove the interest rate limitation on bonds. 

Referred to Committee on Finance. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 308, a bill to make Wilmington College and Asheville-Biltmore 
College campuses of the University of North Carolina under the designa- 



344 SENATE JOURNAL [Session 

tions of "The University of North Carolina at Wilmington", and "The 
University of North Carolina at Asheville". 

Referred to Committee on Higher Education. 

H. B. 370, a bill to amend General Statutes 18-127.2 exempting the 
municipalities located in the counties of Jackson, Swain and Transylvania 
from the provisions of said Section. 

Referred to Committee on Local Government. 

H. B. 454, a bill authorizing Elizabeth City in Pasquotank County to 
zone around the perimeter of the Coast Guard Air Base at Elizabeth City 
to afford safe flying operations. 

Referred to Committee on Local Government. 

H. B. 474, a bill to clarify the laws relating to larceny. 

Referred to Committee on Judiciary No. 2. 

H. B. 514, a bill to amend the insurance laws of North Carolina so as 
to provide for the assignment of rights and interests in group insurance 
and annuity contracts. 

Referred to Committee on Insurance. 

H. B. 566, a bill to provide supplemental retirement funds for firemen 
in the city of Burlington and to modify the application of General Statutes 
118-5, General Statutes 118-6 and General Statutes 118-7 to the city of 
Burlington. 

Referred to Committee on Local Government. 

H. B. 573, a bill to prohibit the hunting or taking of bear in Tyrrell 
County. 

Referred to Committee on Wildlife. 

H. B. 572, a bill to amend Chapter 1097 of the Session Laws of 1967 
relating to the compensation of the board of commissioners of Tyrrell 
County. 

Referred to Committee on Local Government. 

H. B. 594, a bill amending General Statutes 153-246, relating to joint 
performance of administrative functions by local governments. 

Referred to Committee on Local Government. 

H. B. 574, a bill to authorize the governing body of the town of Fairmont, 
North Carolina, to appoint a city manager and to prescribe his powers and 
duties. 

Referred to Committee on Local Government. 

H. B. 578, a bill to amend Chapter 1281 of the 1957 Session Laws relating 
to the charter of the city of New Bern in Craven County. 

Referred to Committee on Local Government. 

H. B. 580, a bill to authorize the town of Chapel Hill to establish an 
off-street parking fund. 

Referred to Committee on Local Government. 

H. B. 583, a bill relating to the bringing of actions for the enforcement of 
taxes by Carteret County. 

Referred to Committee on Local Government. 



1969] SENATE JOURNAL 345 

H. B. 584, a bill to extend police jurisdiction of the town of Atlantic 
Beach. 

Referred to Committee on Local Government. 

H. B. 586, a bill to repeal Session Laws with special provisions for 
building permits in Dare County. 

Referred to Committee on Local Government. 

H. B. 587, a bill to amend Chapter 130 of the General Statutes so as to 
provide that sanitary districts may acquire distribution systems located 
outside the district. 

Referred to Committee on Judiciary No. 2. 

H. B. 598, a bill relating to the election of the mayor and commissioners 
of the town of Rose Hill. 

Referred to Committee on Local Government. 

H. B. 589, a bill to amend Chapter 143 of the General Statutes of North 
Carolina relating to procedure for the letting of public contracts by the 
city of Gastonia. 

Referred to Committee on Local Government. 

H. B. 591, a bill amending Chapter 1101 of the Session Laws of 1959 
relating to the appointment and terms of members of the Asheville Library 
Board. 

Referred to Committee on Local Government. 

H. B. 592, a bill to provide a supplemental retirement fund for firemen 
in the city of Newton and to modify the application of General Statutes 
118-5, General Statutes 118-6 and General Statutes 118-7 to the city of 
Newton. 

Referred to Committee on Local Government. 

H. B. 656, a bill relating to the dissolution of the Moyock drainage 
district. 

Referred to Committee on Local Government. 

H. B. 609, a bill to amend Chapter 50 of the North Carolina Session Laws 
of 1935 entitled "An Act to create a civil service commission for the fire 
department and police department of the city of Raleigh and to provide 
the necessary machinery and rules for the organization and operation for 
said civil service commission and departments". 

Referred to Committee on Local Government. 

H. B. 614, a bill to authorize the governing board of the town of Lake 
Waccamaw to regulate the subdivision of the land in and around said 
town and within 2,000 feet inland around the boundaries of Lake Waccamaw. 

Referred to Committee on Local Government. 

H. B. 615, a bill authorizing the position of tax collector, tax supervisor 
and treasurer of Alleghany County. 

Referred to Committee on Local Government. 

H. B. 617, a bill to make General Statutes 160-61.1, relating to warranty 
deeds, applicable to Granville County and the municipalities therein. 

Referred to Committee on Local Government. 



346 SENATE JOURNAL [Session 

H. B. 620, a bill to amend Chapter 713 of the Session Laws of 1965, 
being the charter of the city of Charlotte in Mecklenburg County. 

Referred to Committee on Local Government. 

H. B. 629, a bill to amend Chapter 87 of the Session Laws of 1961 
relating to the charter of the town of Chapel Hill. 

Referred to Committee on Local Government. 

H. B. 623, a bill creating the Hendersonville-Henderson County Study 
Commission of the municipalities within, and the county of Henderson. 

Referred to Committee on Local Government. 

H. B. 650, a bill to fix the salaries of the board of county commissioners 
of Columbus County. 

Referred to Committee on Local Government. 

H. B. 640, a bill to amend Chapter 371, Session Laws of 1967, relating 
to compensation of certain officials of McDowell County. 

Referred to Committee on Local Government. 

H. B. 579, a bill to amend Chapter 1193 of the Session Laws of 1967 
authorizing the town of Chapel Hill to exchange certain real estate. 

Referred to Committee on Local Government. 

H. B. 657, a bill relating to the salary of the mayor and the commissioners 
of the town of Murfreesboro in Hertford County. 

Referred to Committee on Local Government. 

H. B. 665, a bill to amend Chapter 1068 of the 1963 Session Laws relating 
to the salaries of the county commissioners. 

Referred to Committee on Local Government. 

H. B. 658, a bill to permit the Stanly County board of commissioners to 
contribute to aid in the program of the Stanly County Vocational Work- 
shop, Inc. 

Referred to Committee on Local Government. 

H. B. 664, a bill altering the terms of office of members of the Rocky 
Mount City Board of Education and providing for staggered terms of office 
for such members. 

Referred to Committee on Local Government. 

H. B. 660, a bill fixing the salary of the register of deeds and the salary 
and expense allowances of the county commissioners of Brunswick County. 

Referred to Committee on Local Government. 

H. B. 651, a bill to allow the sheriff and deputy sheriffs of Granville 
County to purchase automobiles from State surplus. 

Referred to Committee on Local Government. 

H. B. 667, a bill to permit the snagging of non-game fish in a portion of 
Polk County. 

Referred to Committee on Wildlife. 

H. B. 668, a bill to authorize the board of county commissioners of Polk 
County to fix the compensation of certain county officials. 
Referred to Committee on Local Government. 



1969] SENATE JOURNAL 347 

H. B. 670, a bill to amend Chapter 72 of the Session Laws of 1969 so as 
to make technical corrections in the charter of the village of Whispering- 
Pines. 

Referred to Committee on Local Government. 

H. B. 675, a bill to make Chapter 1058 of the Session Laws of 1963 
applicable to Vance County. 

Referred to Committee on Local Government. 

H. B. 676, a bill to amend Chapter 810 of the Session Laws of 1959 
relating to the supplemental firemen's retirement fund of the city of 
Henderson. 

Referred to Committee on Local Government. 

H. B. 677, a bill to amend Chapter 543 of the Session Laws of 1947 
relating to the appointment of the tax supervisor for Randolph County. 

Referred to Committee on Local Government. 

H. B. 703, a bill providing that money raised for the Richmond Technical 
Institute either through tax levy or bond issue may be used for community 
college purposes. 

Referred to Committee on Education. 

H. B. 748, a bill to confirm, ratify and validate a certain conveyance of 
land by the city of Burlington. 

Referred to Committee on Judiciary No. 1. 

H. B. 608, a bill to rewrite General Statutes 148-23, regulating the 
conduct of prison employees. 

Referred to Committee on Judiciary No. 2. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 443, a bill to amend Chapter 1056 of the Session Laws of 1967 
relating to Halifax County, upon second reading. 

The bill passes its second reading by roll call vote, ayes 42, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Burney, Coggins, Currie, Evans, Flaherty, 
Folger, Griffin, Gurganus, Harrington, Henley, James, Johnson, Joyner, 
Kirby, Larkins, McGeachy, Moore, Murrow, Nielson, Norton, Patterson, 
Penn, Poovey, Rauch, Reed, Sapp, Saunders, Scott, Staton, S. Warren of 
Sampson, L. Warren of Wayne, West, J. White of Cleveland, V. White of 
Pitt, Wood— 42. 

The bill remains upon the Calendar. 

S. B. 359, a bill to redefine the corporate boundaries of the city of States- 
ville so as to include within one description all the area embraced within 
the corporate limits, including those several areas incorporated by annexa- 
tion, and certain property owned solely by the city, upon third reading. 

The bill passes its third reading by roll call vote, ayes 42, noes 0, as 
follows: 



348 SENATE JOURNAL [Session 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Burney, Coggins, Currie, Evans, Flaherty, 
Folger, Griffin, Gurganus, Harrington, Henley, James, Johnson, Joyner, 
Kirby, Larkins, McGeachy, Moore, Murrow, Nielson, Norton, Patterson, 
Penn, Poovey, Rauch, Reed, Sapp, Saunders, Scott, Staton, S. Warren of 
Sampson, L. Warren of Wayne, West, J. White of Cleveland, V. White of 
Pitt, Wood— 42. 

The bill is ordered sent to the House of Representatives. 

S. B. 433, a bill amending Chapter 98, Public-Local Laws of 1941 as 
amended by Chapter 601, Session Laws of 1943, Chapter 137, Session Laws 
of 1945, and Chapter 1198, Session Laws of 1957, relating to the establish- 
ment and powers of the Greensboro-High Point Airport Authority, upon 
third reading. 

The bill passes its third reading by roll call vote, ayes 42, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Burney, Coggins, Currie, Evans, Flaherty, 
Folger, Griffin, Gurganus, Harrington, Henley, James, Johnson, Joyner, 
Kirby, Larkins, McGeachy, Moore, Murrow, Nielson, Norton, Patterson, 
Penn, Poovey, Rauch, Reed, Sapp, Saunders, Scott, Staton, S. Warren of 
Sampson, L. Warren of Wayne, West, J. White of Cleveland, V. White of 
Pitt, Wood— 42. 

The bill is ordered sent to the House of Representatives. 

S. B. 434, a bill to amend Chapter 414, of the Session Laws of 1965, 
so as to make the same applicable to Mitchell County. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 435, a bill directing the board of commissioners of Mitchell County 
to appropriate $1200 to the North Carolina Rhododendron Festival on Roan 
Mountain in Mitchell County. 

Upon motion of Senator J. White of Cleveland the Committee amendment 
is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 436, a bill to authorize the sheriff of Yancey County to employ an 
additional deputy sheriff and to fix his compensation and expense allowance. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 438, a bill relating to salaries and expense allowances of the 
deputy sheriffs of Yancey County. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 439, a bill to fix the compensation of the members of the board of 
county commissioners of Person County. 

Upon motion of Senator J. White of Cleveland the Committee amendment 
is adopted. 



1969] SENATE JOURNAL 349 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 447, a bill to authorize the Windsor Township Development Com- 
mission in Bertie County to subordinate loans made by it. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 458, a bill to increase the salary of certain elected officials in Rowan 
County. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 529, a bill to amend General Statutes 18-37 and 18-38 relating to 
the State Board of Alcoholic Control and the director of the Board, upon 
third reading. 

Senator Bagnal offers an amendment which fails of adoption. 

Senator Currie calls the previous question. 

The call is sustained. 

Upon the passage of the bill on its third reading Senator Nielson calls 
for the "ayes" and "noes". 

The call is sustained. 

The bill passes its third reading by roll call vote, ayes 35, noes 11, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bailey, 
Boger, Bowles, Burney, Coggins, Currie, Ellis, Evans, Folger, Griffin, 
Gurganus, Harrington, Henley, James, Johnson, Kirby, Larkins, Maxwell, 
Moore, Norton, Patterson, Penn, Rauch, Reed, Robinson, Saunders, Scott, 
Staton, S. Warren of Sampson, L. Warren of Wayne, J. White of Cleveland, 
V. White of Pitt, Wood— 35. 

Those voting in the negative are: Senators Bagnal, Briggs, Dent, Flaherty, 
Joyner, Murrow, Nielson, Povey, Sapp, West, Wilkie — 11. 

The bill is ordered enrolled. 

Upon motion of Senator Burney, the Senate adjourns to meet tomorrow 
at 12 M. 



EIGHTY-FOURTH DAY 

Senate Chamber, 
Tuesday, April 22, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the 
Senate. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and 
is found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 



350 SENATE JOURNAL [Session 

The President grants leave of absence to Senators Staton and Robinson 
for today, and to Senator Moore for Wednesday, Thursday and Friday, 
April 23, 24 and 25. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary of 
State: 

H. B. 419, an act amending Chapter 456 of the 1965 Session Laws relating 
to the salaries of certain officials of Pender County. 

H. B. 422, an act to increase from three hundred dollars ($300.00) to five 
hundred dollars ($500.00) the amount of a child's yearly allowance for 
support allotted from a parent's estate. 

H. B. 446, an act to amend Sections 105-306(26); 105-308; 105-309 and 
105-310 of the General Statutes of North Carolina in order to authorize the 
board of county commissioners of Pitt County to prescribe regulations 
relating to the listing of property for taxation in Pitt County, and to 
authorize the division, or combining of townships for tax listing purposes. 

H. B. 452, an act amending Article I of Chapter 113 of the General 
Statutes relating to the Board of Conservation and Development and the 
Director thereof. 

H. B. 471, an act to amend General Statutes 160-227.1 to make the sub- 
division laws applicable to municipalities in McDowell County. 

H. B. 480, an act to provide for the appointment and compensation of 
the Pasquotank County Accountant by the board of county commissioners. 

H. B. 498, an act amending Chapter 382 of the Session Laws of 1967 
so as to authorize the town of Kernersville to join with Forsyth County 
and the city of Winston-Salem in joint purchasing arrangements. 

H. B. 500, an act to establish the salaries of the sheriff and register of 
deeds of Wake County. 

H. B. 504, an act amending Chapter 1073 of the 1959 Session Laws so as 
to provide for the issuance of pistol permits in Clay County by the Clerk 
of Superior Court. 

H. B. 520, an act to appoint two members to the board of education 
of Swain County. 

H. B. 526, an act to amend General Statutes 105-345 relating to the pre- 
payment of taxes and late interest charges in Mecklenburg County and the 
city of Charlotte. 

H. B. 527, an act to amend General Statutes 143-129 relating to purchases 
by Mecklenburg County. 

H. B. 538, an act to fix the salary of the register of deeds of Rutherford 
County. 

H. B. 539, an act to fix the salary of the sheriff of Rutherford County. 

H. B. 544, an act to provide for the nomination, election and terms of 
office of members of the Washington County Board of Education. 

H. B. 547, an act to amend the charter of the town of Cape Carteret with 
reference to the election and meetings of the board of commissioners. 



1969] SENATE JOURNAL 351 

H. B. 549, an act relating to the compensation of the chairman and 
members of the board of education of Craven County. 

H. B. 556, an act to validate the special bond election held in the town 
of Lincolnton, North Carolina, on January 14, 1969. 

H. B. 559, an act to clarify the small watershed laws with respect to 
project maintenance in Duplin, Pender and Sampson Counties. 

H. B. 570, an act to amend Chapter 79 of the Session Laws of 1965 to 
change the time of election in the town of Ayden. 

H. B. 590, an act to provide for the removal of unauthorized motor 
vehicles from private parking lots in Wilson County. 

S. B. 306, an act to amend Chapter 993, Session Laws of 1949, to make 
more definite the outside boundaries of Pinehurst, Moore County, North 
Carolina. 

S. B. 307, an act to authorize the Greensboro City Board of Education 
and the city of Greensboro to enter into contracts whereby the Board of 
Education may furnish the city certain services in connection with the 
city's recreation program. 

S. B. 309, an act to authorize the creation and organization of a housing 
appeals board to which appeals may be taken from the decision of the 
building inspector upon any provision of the housing code of the town of 
Mount Airy in Surry County. 

H. J. R. 814, a joint resolution honoring the memory of a dedicated 
public servant and devoted North Carolinian, Bowman Gray, Jr. 

H. B. 220, an act to establish the hunting season for bear, deer, and 
squirrel in the counties of Duplin, Onslow and Pender. 

H. B. 453, an act prohibiting the discharge of firearms on or across any 
highway in Haywood County. 

S. B. 298, an act to amend Chapter 385, Session Laws, 1949, as amended, 
relating to the schools of the Greensboro City Administrative Unit and 
governing body thereof. 

S. B. 300, an act to provide for the nomination and election of the 
members of the board of education of Johnston County. 

S. B. 381, an act to authorize certain municipal corporations in Moore 
County to hold an election for the sale of beer and wine. 

H. B. 250, an act amending Chapter 593 of the Session Laws of 1965 to 
increase the salary of the register of deeds of Clay County. 

H. B. 251, an act to clarify provisions of Chapter 20 of the General 
Statutes concerning private and parochial school buses and school activity 
buses. 

H. B. 325, an act prohibiting the hunting of game animals with dogs 
between March 1 and October 15 in Beaufort County. 

H. B. 364, an act to provide credit toward the satisfaction of the sentence 
when the defendant is unable to secure his release on bail pending appeal. 

H. B. 339, an act to regulate and fix the salaries of the sheriff and 
register of deeds of Lenoir County. 



352 SENATE JOURNAL [Session 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Norton, for the Committee on Election Laws: 

Committee Substitute for S. B. 165, a bill to supplement the compensa- 
tion of registrars and judges of election in Richmond County, with an 
unfavorable report as to bill, favorable report as to Committee Substitute 
bill. 

Upon motion of Senator Norton, the Committee Substitute bill is placed 
on today's Calendar. 

H. B. 472, a bill to provide for a new registration of voters in Ashe 
County in lieu of and prior to setting up a loose-leaf system otherwise, with 
a favorable report. 

By Senator Patterson, for the Committee on Personnel and Employment 
Programs : 

S. B. 263, a bill to make certain amendments to Chapter 135 of the 
General Statutes relating to the Teachers' and State Employees' Retirement 
System, with a favorable report. 

Upon motion of Senator Patterson, the bill is re-referred to the Com- 
mittee on Appropriations. 

S. B. 264, a bill to amend Chapter 128 of the General Statutes relating 
to the Local Governmental Employees' Retirement System, with a 
favorable report. 

Upon motion of Senator Patterson, the bill is placed upon the Calendar 
for Friday, April 25, 1969. 

By Senator James, for the Committee on Public Health: 

S. J. R. 341, a joint resolution to urge the opening of more Diploma 
Schools of Nursing, with a favorable report, as amended. 

S. B. 454, a bill to accord certain diploma school credits to licensed 
practical nurses, with a favorable report. 

S. B. 479, a bill to amend General Statutes 130-13, so as to authorize 
counties to appoint additional members to the county board of health, with 
a favorable report. 

By Senator MacLean, for the Committee on Agriculture: 

S. B. 385, a bill rewriting Article 49 of Chapter 106 of the General 
Statutes relating to national poultry and turkey improvement plans and the 
regulation of hatcheries, chick and hatching egg dealers, with a favorable 
report. 

S. B. 386, a bill amending General Statutes 106-390 relating to the 
testing of cattle for brucellosis, with a favorable report. 

By Senator Ellis, for the Committee on Judiciary No. 1: 

S. B. 451, a bill to amend Chapter 110 of the General Statutes to pro- 
hibit the exhibiting of mentally or physically defective children, with a 
favorable report. 



1969] SENATE JOURNAL 353 

S. B. 455, a bill authorizing cities and towns to provide for financial 
assistance to those required to be relocated by municipal or governmental 
action, with a favorable report, as amended. 

S. B. 474, a bill to amend General Statutes 85A-34 relating to bail- 
bondsmen and runners so as to make it applicable to Onslow County, with 
a favorable report. 

H. B. 459, a bill amending General Statutes 10-1, relating to notaries 
public, so as to provide for terms of five years instead of two years, with 
a favorable report. 

Upon motion of Senator Ellis, the bill is re-referred to the Committee on 
Finance. 

By Senator Staton, for the Committee on Manufacturing, Labor and 
Commerce: 

H. B. 486, a bill to amend Article 5, Chapter 87, Section 64 of the 
General Statutes relating to examination, renewal and reinstatement fees 
for persons and firms engaged in refrigeration contracting, with a favor- 
able report. 

By Senator Boger, for the Committee on Judiciary No. 2: 

S. B. 486, a bill to amend Chapter 48 and Chapter 49 of the General 
Statutes to specify certain relationship between them regarding adoption, 
with a favorable report. 

H. B. 611, a bill amending Article 21 of Chapter 130 of the General 
Statutes of North Carolina relating to medical examiners, with a favorable 
report. 

H. B. 636, a bill to amend Chapter 14, Section 197 of the General Statutes 
of North Carolina by removing Dare County as an exempted county from 
the provisions of this act relating to the use of indecent language, with a 
favorable report. 

H. B. 637, a bill to amend Chapter 14, Section 269.1 of the General 
Statutes of North Carolina by removing Dare County as an exempted 
county from the provisions of this act relating to the confiscation of fire- 
arms, with a favorable report. 

H. B. 638, a bill prohibiting the use of rifles in the mainland area of Dare 
County from the northern boundary line of the town of Kill Devil Hills to 
the northern boundary line of the county of Dare, with a favorable report, 
as amended. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senators McGeachy and Flaherty: S. B. 504, a bill to establish the 
police information network in the Department of Justice and to make an 
appropriation therefor. 

Referred to Committee on State Government. 

By Senator Rauch: S. B. 505, a bill to place the authority in the State 
Auditor for installing or changing accounting systems in State depart- 
ments, institutions or agencies. 



354 SENATE JOURNAL [Session 

Referred to Committee on State Government. 

By Senator James: S. B. 506, a bill to establish college extension courses 
and workshops in clinical practice and educational methods for the benefit 
of all nurses. 

Referred to Committee on Public Health. 

By Senators Edwards, Gurganus, Allen and Folger: S. B. 507, a bill re- 
quiring all automobile liability insurers to send notice to their insureds in 
the event their policies lose the safe driver discount or a surcharge is 
applied to such policies. 

Referred to Committee on Insurance. 

By Senators Edwards, Allen and Folger: S. B. 508, a bill to regulate and 
prohibit deceptive practices in trade and commerce. 

Referred to Committee on Judiciary No. 2. 

By Senators Norton, Edwards, Henley, Flaherty, Kirby, Sapp, Coggins, 
Allsbrook, Ellis, V. White of Pitt, Larkins, S. Warren of Sampson, James, 
Bowles, Folger, Saunders, Allen, Rauch, Staton, Griffin, Evans, Robinson, 
MacLean, Boger, Gurganus, Johnson, Patterson, Maxwell and Currie: 
S. J. R. 509, a joint resolution creating the Governor's Study Commission 
on automobile liability insurance and rates. 

Referred to Committee on Insurance. 

By Senator Kirby: S. J. R. 510, a joint resolution authorizing and directing 
the Legislative Research Commission to investigate and report upon the 
feasibility of utilizing any unused medical facilities at the Eastern North 
Carolina Sanatorium for the purpose of supplying Eastern North Caro- 
lina's unmet medical, educational, and health needs. 

Referred to Committee on Public Health. 

By Senators Nielson and Bagnal: S. B. 511, a bill relating to elections 
and election procedures of the Rural Hall Sanitary District in Forsyth 
County. 

Referred to Committee on Local Government. 

By Senators Bagnal and Nielson: S. B. 512, a bill to amend General 
Statutes 105-345 and to provide a schedule of discounts for prepayment of 
taxes in the town of Kernersville. 

Referred to Committee on Local Government. 

By Senators Evans, Maxwell and Moore: S. B. 513, a bill authorizing an 
election in Mecklenburg County to determine whether mixed beverages may 
be sold by the drink under rules and regulations promulgated by the 
Mecklenburg County Board of Alcoholic Control. 

Referred to Committee on Alcoholic Beverage Control. 

By Senators Evans, Maxwell and Moore: S. B. 514, a bill to authorize 
and establish the license fee to be imposed by counties upon licensees 
holding a mixed beverage by the drink license. 

Referred to Committee on Alcoholic Beverage Control. 



1969] SENATE JOURNAL 355 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 595, a bill to amend Chapter 1013 of the Session Laws of 1961, 
being the charter of the town of Edenton, to redefine the corporate limits. 

Referred to Committee on Local Government. 

H. B. 610, a bill to amend Sections 10 and 22(7) of the charter of the 
city of Raleigh (Chapter 1184 of the Session Laws of North Carolina, 1949, 
as amended). 

Referred to Committee on Local Government. 

H. B. 619, a bill to amend Chapter 216 of the Session Laws of 1967, 
being a part of the charter of the city of Charlotte, Mecklenburg County. 

Referred to Committee on Local Government. 

H. B. 659, a bill to revise the charter of the town of Stonewall in 
Pamlico County and to repeal prior charter acts. 

Referred to Committee on Local Government. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 443, a bill to amend Chapter 1056 of the Session Laws of 1967 
relating to Halifax County, upon third reading. 

The bill passes its third reading by roll call vote, ayes 45, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Burney, Coggins, Currie, Dent, Edwards, 
Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, 
James, Johnson, Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy, 
Moore, Murrow, Nielson, Patterson, Penn, Poovey, Rauch, Reed, Sapp, 
Saunders, S. Warren of Sampson, L. Warren of Wayne, West, J. White of 
Cleveland, V. White of Pitt, Wilkie, Wood— 45. 

The bill is ordered sent to the House of Representatives. 

S. B. 203, a bill to define, regulate and license auctioneers of the State of 
North Carolina. 

Upon motion of Senator J. White of Cleveland, consideration of the bill 
is postponed until Thursday, April 24, 1969. 

S. B. 334, a bill amending General Statutes 14-335 to change the punish- 
ment of persons convicted of public drunkenness. 

The bill fails to pass its second reading. 

H. B. 221, a bill amending General Statutes 7A-196 relating to trials 
in district court so as to provide for the transfer of criminal cases without 
hearing in district court when the defendant demands a jury trial. 

Senator Burney calls the previous question. 

The call is sustained. 

The bill fails to pass its second reading. 



356 SENATE JOURNAL [Session 

H. B. 233, a bill to require special reflective devices to be displayed on 
the rear of slow-moving vehicles such as farm tractors and implements of 
husbandry operated on highways between sunset and sunrise. 

Senator Penn moves the adoption of the Committee amendment. 

Senator Harrington moves that the bill be re-referred to the Committee 
on Agriculture, which motion fails to prevail. 

The Committee amendment is adopted. 

Senator Gurganus offers an amendment which fails of adoption. 

The bill, as amended, passes its second reading. 

Upon objection of Senator Gurganus to its third reading, the bill, as 
amended, remains upon the Calendar. 

Committee Substitute for S. B. 165, a bill to amend General Statutes 
163-46 so as to fix the compensation of registrars and judges of election 
in Richmond County. 

Upon motion of Senator Norton, the Committee Substitute bill is adopted. 

Upon motion of Senator Harrington, the Senate adjourns to meet to- 
morrow at 12 M. 



EIGHTY-FIFTH DAY 

Senate Chamber, 
Wednesday, April 23, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Frank Pulley, Pastor of St. Paul's 
Episcopal Church, Louisburg. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and 
is found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

The President grants leave of absence to Senator Allen for today, and to 
Senator Wilkie for Thursday and Friday, April 24 and 25, 1969. 

The President appoints Senators Norton, West and Wilkie to represent 
the Senate at the inauguration of Dr. Alexander Simpson Pow as President 
of Western Carolina University on Thursday, April 24, 1969. 

Upon motion of Senator Scott, S. B. 502, a bill to appropriate funds for 
historic Edenton, is taken from the Committee on Finance and re-referred 
to the Committee on Appropriations. 

Upon motion of Senator Currie, S. B. 343, a bill to amend General 
Statutes 18-37 and 18-38 relating to the State Board of Alcoholic Control 
and the director of the Board, is placed upon today's Calendar. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary of 

State: 



1969] SENATE JOURNAL 357 

S. J. R. 271, a joint resolution relative to a correction in Senate Joint 
Resolution 1 of the 1969 General Assembly. 

H. B. 340, an act amending General Statutes 14-111.2 relating to obtain- 
ing ambulance services without intending to pay therefor, so as to make 
the same applicable to Catawba County. 

H. B. 347, an act amending Article IB of Chapter 113 of the General 
Statutes relating to State aid to airports so as to provide that the State 
may participate in up to fifty percent of the costs of certain projects. 

H. B. 529, an act to amend General Statutes 18-37 and 18-38 relating to 
the State Board of Alcoholic Control and the director of the Board. 

S. B. 292, an act to amend Article 6A of Chapter 153 of the General 
Statutes relating to the salaries of appointive and elective county officials 
and employees so as to make it applicable to Wilson County. 

S. B. 370, an act to amend General Statutes 15-47 so as to authorize the 
custodian of a prisoner to have bail fixed. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator J. White of Cleveland, for the Committee on Local Govern- 
ment: 

S. B. 92, a bill to provide compensation for the members of the county 
board of commissioners of Jackson County, with an unfavorable report as 
to bill, favorable as to Committee Substitute bill. 

Upon motion of Senator J. White of Cleveland the substitute bill is 
placed upon today's Calendar. 

S. B. 393, a bill to amend the provisions of General Statutes 153-9(58) 
of the General Statutes of North Carolina relating to ambulance franchises 
in Forsyth County, with a favorable report, as amended. 

S. B. 429, a bill to revise and consolidate the charter of the city of 
Hamlet, with a favorable report, as amended. 

S. B. 442, a bill increasing the number of county commissioners of Surry 
County, to increase and stagger their terms of office and to create districts, 
with a favorable report, as amended. 

S. B. 449, a bill to increase the salary of the register of deeds of Franklin 
County and his assistants, with a favorable report. 

S. B. 453, a bill to amend Chapter 1058, Session Laws of 1963, so as to 
make General Statutes 160-173, as amended, applicable to Cumberland 
County, with a favorable report, as amended. 

S. B. 456, a bill to provide supplemental retirement funds for firemen in 
the city of Shelby and to modify the application of General Statutes 118-5, 
General Statutes 118-6 and General Statutes 118-7 to the city of Shelby, 
with a favorable report. 

S. B. 460, a bill pertaining to Article 3, Chapter 139 of the General 
Statutes as the same relates to a watershed improvement program in 
Caswell County, with a favorable report. 



358 SENATE JOURNAL [Session 

S. B. 465, a bill to authorize the governing body of the city of Durham 
to appropriate and expend nontax revenues for certain public purposes, 
with a favorable report. 

S. B. 471, a bill to increase the salaries of the sheriff, chief deputy and 
deputy sheriffs of Franklin County, with a favorable report, as amended. 

S. B. 475, a bill to provide for the non-partisan election of the members 
of the county board of education of Cherokee County, with a favorable 
report, as amended. 

S. B. 482, a bill to amend Chapter 450, Session Laws 1961, to redefine 
the corporate limits of the town of Bethel, with a favorable report, as 
amended. 

H. B. 262, a bill to amend the charter of the town of Fairmont so as to 
fix the salary of the mayor and the town commissioners, with a favorable 
report. 

H. B. 377, a bill to amend Chapter 952 of the Session Laws of 1959 re- 
lating to water connections in the town of Havelock, with a favorable 
report. 

H. B. 469, a bill fixing the salary of the board of commissioners of 
Newport, with a favorable report. 

H. B. 470, a bill changing the compensation of the sheriff, register of 
deeds and county commissioners of Vance County, with a favorable report. 

H. B. 479, a bill to amend Chapters 62 and 664 of the 1965 Session Laws 
relating to the compensation of the chairman and other members of the 
Pasquotank County Board of Commissioners, with a favorable report. 

H. B. 482, a bill to amend Chapter 121, Private Laws of 1931, relating 
to initiative referendum and recall in the city of Asheville, with a favorable 
report. 

H. B. 489, a bill to amend Article 25 of Chapter 153 of the General 
Statutes to permit the board of commissioners of Mecklenburg County to 
exercise the power of eminent domain with respect to water and sewer 
systems in the same manner as permitted in Article 9 of Chapter 136 of 
the General Statutes, with a favorable report. 

H. B. 495, a bill to establish the salaries and remuneration of the sheriff, 
register of deeds and the county commissioners of Alamance County, with 
a favorable report, as amended. 

H. B. 523, a bill to amend Chapter 105 of the General Statutes to provide 
limitations upon the use to be made of lists of employees furnished tax 
collectors, with a favorable report. 

H. B. 542, a bill to revise and consolidate the charter of the town of 
Nashville, North Carolina, with a favorable report. 

H. B. 558, a bill to authorize the town of Highland in Macon County to 
make appropriations from nontax funds for certain public purposes, with 
a favorable report. 

By Senator Henley, for the Committee on State Government: 

S. B. 504, a bill to establish the police information network in the De- 
partment of Justice and to make an appropriation therefor, with a favor- 
able report. 



1969] SENATE JOURNAL 359 

Upon motion of Senator Henley the bill is re-referred to Committee on 
Appropriations. 

S. B. 505, a bill to place the authority in the state auditor for installing 
or changing accounting systems in State departments, institutions or 
agencies, with a favorable report. 

By Senator Edwards, for the Committee on Insurance: 

S. B. 507, a bill requiring all automobile liability insurers to send notice 
to their insureds in the event their policies lose the safe driver discount or 
a surcharge is applied to such policies, with a favorable report, as amended. 

S. J. R. 509, a joint resolution creating the Governor's Study Commission 
on automobile liability insurance and rates, with a favorable report. 

H. B. 514, a bill to amend the insurance laws of North Carolina so as to 
provide for the assignment of rights and interests in group insurance and 
annuity contracts, with a favorable report. 

By Senator McGeachy, for the Committee on Rules and Operation of the 
Senate: 

H. B. 98, a bill amending Chapter 1063 of the Session Laws of 1967, so as 
to provide that General Statutes 163-117 shall not apply to the seats in the 
House of Representatives for the thirtieth district, with a favorable report. 

By Senator Kirby, for the Committee on Higher Education: 

H. B. 308, a bill to make Wilmington College and Asheville-Biltmore 
College campuses of the University of North Carolina under the designa- 
tions of "The University of North Carolina at Wilmington", and "The 
University of North Carolina at Asheville", with a favorable report. 

Upon motion of Senator Burney the bill is placed upon today's Calendar. 

By Senator Maxwell, for the Committee on Correctional Institutions and 
Law Enforcement: 

H. B. 343, a bill to direct the board of county commissioners of Ruther- 
ford County to invest the care, custody and control of the county jail in the 
sheriff of the county, with a favorable report. 

H. B. 344, a bill to direct the board of county commissioners of Polk 
County to invest the care, custody and control of the county jail in the 
sheriff of the county, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senators Boger and Burney: S. B. 515, a bill to amend Chapter 75 
of the General Statutes to provide civil remedies against unfair methods 
of competition and unfair or deceptive acts or practices in trade or com- 
merce. 

Referred to Committee on Judiciary No. 2. 

By Senators Boger, Burney and Edwards: S. B. 516, a bill to amend 
Chapter 114 of the General Statutes to authorize the attorney general of 
North Carolina to provide representation for the consuming public's in- 
terest before certain regulatory agencies. 

Referred to Committee on Judiciary No. 2. 



360 SENATE JOURNAL [Session 

By Senators Bailey and Coggins: S. B. 517, a bill to appropriate funds 
to repair and restore the historic Joel Lane House in the city of Raleigh. 

Referred to Committee on Appropriations. 

By Senators Bailey and Coggins: S. J. R. 518, a joint resolution to con- 
gratulate the State Department of Archives and History and the State 
Library upon the occupation of the new Archives and History-State Library 
Building. 

Upon motion of Senator Bailey the rules are suspended and the resolution 
is placed upon its immediate passage. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

By Senator Evans: S. B. 519, a bill adding a new Article 9A to Chapter 
115 of the General Statutes so as to provide for a School Incentive Fund. 

Referred to Committee on Appropriations. 

By Senator J. White of Cleveland: S. B. 520, a bill to amend General 
Statutes 18-116.2 relative to limiting sale to ABC stores. 

Referred to Committee on Alcoholic Beverage Control. 

By Senators Kirby, Scott and Moore: S. B. 521, a bill to amend Chapter 
135 of the General Statutes to authorize boards of trustees of institutions 
of higher education to adopt optional retirement programs. 

Referred to Committee on Higher Education. 

By Senator Burney: S. B. 522, a bill to amend Chapter 114 of the 
General Statutes so as to fix the salary of the attorney general. 

Referred to Committee on Appropriations. 

By Senators Nielson and Bagnal: S. B. 523, a bill to rewrite Article 
XIII of the North Carolina Constitution to provide a practical procedure 
for amending or revising the State Constitution by way of a Constitu- 
tional Convention. 

Referred to Committee on Constitution. 

By Senator Wilkie: S. B. 524, a bill to authorize the board of county 
commissioners of Polk County to prescribe regulations relating to the 
listing of property for taxation in Polk County. 

Referred to Committee on Local Government. 

By Senator Staton: S. B. 525, a bill enabling Lee County to hold a 
special election for the purpose of considering whether the county shall or 
shall not impose and levy a sales and use tax of one percent upon the sale, 
use and other taxable transactions upon which the State now imposes a 
three percent sales and use tax. 

Referred to Committee on Finance. 

By Senators Edwards, Staton, Rauch and Flaherty: S. B. 526, a bill to 
provide for the establishment of standards of construction for manufac- 
turing homes; to require compliance therewith; to provide for reciprocity 
with other states and for other purposes. 

Referred to Committee on Manufacturing, Labor and Commerce. 



1969] SENATE JOURNAL 361 

By Senators Evans and Bowles: S. B. 527, a bill to provide for direction 
and supervision of the school food service program by school administrative 
units and to appropriate funds therefor. 

Referred to Committee on Appropriations. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 606, a bill to amend Chapter 163 of the General Statutes so as to 
authorize the State Board of Elections to render legal assistance to county 
boards of elections. 

Referred to Committee on Election Laws. 

H. J. R. 857, a joint resolution congratulating the North Carolina Con- 
gress of Parents and Teachers and the North Carolina Congress of Colored 
Parents and Teachers on their unification. 

Referred to Committee on Education. 

Senator Norton moves that the resolution be withdrawn from the 
Committee on Education, that the rules be suspended and that the resolu- 
tion be placed upon today's Calendar. 

The motion prevails. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

Committee Substitute for S. B. 165, a bill to amend General Statutes 
163-46, so as to fix the compensation of registrars and judges of election 
in Richmond County. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 472, a bill to provide for a new registration of voters in Ashe 
County in lieu of and prior to setting up a loose-leaf system otherwise. 

Passes its second and third readings and is ordered enrolled. 

H. B. 636, a bill to amend Chapter 14, Section 197 of the General Statutes 
of North Carolina by removing Dare County as an exempted county from 
the provisions of this Act relating to the use of indecent language. 

Passes its second and third readings and is ordered enrolled. 

H. B. 637, a bill to amend Chapter 14, Section 269.1 of the General 
Statutes of North Carolina by removing Dare County as an exempted 
county from the provisions of this Act relating to the confiscation of 
firearms. 

Passes its second and third readings and is ordered enrolled. 

H. B. 638, a bill prohibiting the use of rifles in the mainland area of 
Dare County from the northern boundary line of the town of Kill Devil 
Hills to the northern boundary line of the county of Dare. 

Upon motion of Senator Boger the Committee amendment is adopted. 



362 SENATE JOURNAL [Session 

The bill, as amended, passes its second and third readings and is ordered 
sent to the House of Representatives for concurrence in the Senate amend- 
ment. 

H. B. 486, a bill to amend Article 5, Chapter 87, Section 64 of the General 
Statutes relating to examination, renewal and reinstatement fees for persons 
and firms engaged in refrigeration contracting, upon second reading. 

The bill passes its second reading by roll call vote, ayes 47, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allsbrook, Bagnal, Bailey, 
Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, Edwards, 
Ellis, Evans, Folger, Griffin, Gurganus, Harrington, Henley, James, Johnson, 
Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy, Murrow, Nielson, 
Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson, Sapp, Saunders, 
Scott, Staton, S. Warren of Sampson, L. Warren of Wayne, West, J. White 
of Cleveland, V. White of Pitt, Wilkie, Wood— 47. 

The bill remains upon the Calendar. 

H. B. 233, a bill to require special reflective devices to be displayed on 
the rear of slow-moving vehicles such as farm tractors and implements of 
husbandry operated on highways between sunset and sunrise, upon third 
reading. 

Senator Gurganus offers an amendment which is adopted. 

The bill, as amended, passes its third reading and is ordered sent to the 
House of Representatives for concurrence in the Senate amendment. 

Committee Substitute for S. B. 43, a bill authorizing the qualified voters 
of any county to modify the composition and mode of election of the board 
of county commissioners. 

Upon motion of Senator J. White of Cleveland consideration of the bill is 
postponed until Monday, April 28, 1969. 

H. B. 308, a bill to make Wilmington College and Asheville-Biltmore 
College campuses of the University of North Carolina under the designa- 
tions of "The University of North Carolina at Wilmington", and "The 
University of North Carolina at Asheville". 

Passes its second and third readings and is ordered enrolled. 

S. J. R. 341, a joint resolution to urge the opening of more Diploma 
Schools of Nursing. 

Upon motion of Senator James the resolution is recommitted to the 
Committee on Public Health. 

S. B. 385, a bill rewriting Article 49 of Chapter 106 of the General 
Statutes relating to national poultry and turkey improvement plans and 
the regulation of hatcheries, chick and hatching egg dealers. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 386, a bill amending General Statutes 106-390 relating to the 
testing of cattle for brucellosis. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 



1969] SENATE JOURNAL 363 

S. B. 451, a bill to amend Chapter 110 of the General Statutes to pro- 
hibit the exhibiting of mentally or physically defective children. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 454, a bill to accord certain diploma school credits to licensed 
practical nurses. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 455, a bill authorizing cities and towns to provide for financial 
assistance to those required to be relocated by municipal or governmental 
action. 

Upon motion of Senator Currie the Committee amendment is adopted. 

The bill, as amended, passes its second reading. 

Senator J. White of Cleveland offers an amendment. 

Upon motion of Senator Currie consideration of the bill is postponed 
until Thursday, April 24, 1969. 

S. B. 474, a bill to amend General Statutes 85A-34 relating to bail- 
bondsmen and runners so as to make it applicable to Onslow County. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 479, a bill to amend General Statutes 130-13, so as to authorize 
counties to appoint additional members to the County Board of Health. 

Upon motion of Senator Currie consideration of the bill is postponed 
until Thursday, April 24, 1969. 

S. B. 486, a bill to amend Chapter 48 and Chapter 49 of the General 
Statutes to specify certain relationship between them regarding adoption. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 394, a bill revising Article 6A of Chapter 153 of the General 
Statutes of North Carolina concerning the salaries of county officers and 
employees. 

Upon motion of Senator Patterson the Committee amendment is adopted. 

The bill, as amended, passes its second reading. 

Upon motion of Senator Boger, the bill, as amended, is placed upon the 
Calendar for Thursday, April 24, 1969, for its third reading. 

H. B. 611, a bill amending Article 21 of Chapter 130 of the General 
Statutes of North Carolina relating to medical examiners. 

Passes its second and third readings and is ordered enrolled. 

Committee Substitute for S. B. 92, a bill to provide compensation for the 
members of the county board of commissioners of Jackson County. 

Upon motion of Senator J. White of Cleveland the Committee Substitute 
is adopted, and the bill remains upon the Calendar. 

H. J. R. 857, a joint resolution congratulating the North Carolina Con- 
gress of Parents and Teachers and the North Carolina Congress of Colored 
Parents and Teachers on their unification. 

Passes its second and third readings and is ordered enrolled. 



364 SENATE JOURNAL [Session 

S. B. 343, a bill to amend General Statutes 18-37 and 18-38 relating to the 
State Board of Alcoholic Control and the director of the Board. 

Upon motion of Senator Currie consideration of the bill is postponed 
indefinitely. 

Upon motion of Senator Bailey, the Senate adjourns to meet tomorrow 
at 12 M. 



EIGHTY-SIXTH DAY 

Senate Chamber, 
Thursday, April 24, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the 
Senate. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and 
is found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

The President grants leave of absence to Senator James for today and 
for tomorrow, April 25. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary of 
State: 

H. J. R. 857, a joint resolution congratulating the North Carolina Con- 
gress of Parents and Teachers and the North Carolina Congress of Colored 
Parents and Teachers on their unification. 

H. B. 308, an act to make Wilmington College and Asheville-Biltmore 
College campuses of the University of North Carolina under the designa- 
tions of "The University of North Carolina at Wilmington", and "The 
University of North Carolina at Asheville." 

H. B. 472, an act to provide for a new registration of voters in Ashe 
County in lieu of and prior to setting up a loose-leaf system otherwise. 

H. B. 611, an act amending Article 21 of Chapter 130 of the General 
Statutes of North Carolina relating to medical examiners. 

H. B. 636, an act to amend Chapter 14, Session 197 of the General 
Statutes of North Carolina by removing Dare County as an exempted 
county from the provisions of this act relating to the use of indecent 
language. 

H. B. 637, an act to amend Chapter 14, Section 269.1 of the General 
Statutes of North Carolina by removing Dare County as an exempted 
county from the provisions of this act relating to the confiscation of 
firearms. 



1969] SENATE JOURNAL 365 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator J. White of Cleveland, for the Committee on Local Govern- 
ment: 

S. B. 364, a bill to provide for the establishment of the Kings Mountain 
Lake Authority, with an unfavorable report as to bill, favorable report as 
to Committee Substitute bill. 

Upon motion of Senator J. White of Cleveland, the Committee Substitute 
bill is placed upon today's Calendar. 

S. B. 459, a bill to authorize the board of county commissioners of Rowan 
County to establish the Rowan County Police Department and Personnel 
Advisory Board, with a favorable report, as amended. 

H. B. 454, a bill authorizing Elizabeth City in Pasquotank County to zone 
around the perimeter of the Coast Guard Air Base at Elizabeth City to 
afford safe flying operations, with a favorable report. 

H. B. 478, a bill to amend Chapter 609 of the Session Laws of 1963 
defining the corporate limits of the town of Ahoskie, with a favorable 
report. 

H. B. 566, a bill to provide supplemental retirement funds for firemen 
in the city of Burlington and to modify the application of General Statutes 
118-5, General Statutes 118-6, and General Statutes 118-7 to the city of 
Burlington, with a favorable report. 

H. B. 572, a bill to amend Chapter 1097 of the Session Laws of 1967 
relating to the compensation of the board of commissioners of Tyrrell 
County, with a favorable report. 

H. B. 574, a bill to authorize the governing body of the town of Fairmont, 
North Carolina, to appoint a city manager and to prescribe his powers and 
duties, with a favorable report. 

H. B. 578, a bill to amend Chapter 1281 of the 1957 Session Laws 
relating to the charter of the city of New Bern in Craven County, with a 
favorable report. 

H. B. 579, a bill to amend Chapter 1193 of the Session Laws of 1967 
authorizing the town of Chapel Hill to exchange certain real estate, with 
a favorable report. 

H. B. 580, a bill to authorize the town of Chapel Hill to establish an 
off-street parking fund, with a favorable report. 

H. B. 584, a bill to extend police jurisdiction of the town of Atlantic 
Beach, with a favorable report. 

H. B. 589, a bill to amend Chapter 143 of the General Statutes of North 
Carolina relating to procedure for the letting of public contracts by the 
city of Gastonia, with a favorable report. 

H. B. 591, a bill amending Chapter 1101 of the Session Laws of 1959 
relating to the appointment and terms of members of the Asheville Library 
Board, with a favorable report. 



366 SENATE JOURNAL [Session 

H. B. 594, a bill amending General Statutes 153-246, relating to joint 
performance of administrative functions by local governments, with a 
favorable report. 

H. B. 598, a bill relating to the election of the mayor and commissioners 
of the town of Rose Hill, with a favorable report. 

H. B. 609, a bill to amend Chapter 50 of the North Carolina Session Laws 
of 1935 entitled "an act to create a Civil Service Commission for the fire 
department and police department of the city of Raleigh and to provide 
the necessary machinery and rules for the organization and operation for 
said Civil Service Commission and departments," with a favorable report. 

H. B. 617, a bill to make General Statutes 160-61.1, relating to warranty 
deeds, applicable to Granville County and the municipalities therein, with a 
favorable report. 

H. B. 620, a bill to amend Chapter 713 of the Session Laws of 1965, being 
the charter of the city of Charlotte in Mecklenburg County, with a 
favorable report. 

H. B. 623, a bill creating the Hendersonville-Henderson County Study 
Commission of the municipalities within, and the county of Henderson, 
with a favorable report. 

H. B. 629, a bill to amend Chapter 87 of the Session Laws of 1961 
relating to the charter of the town of Chapel Hill, with a favorable report. 

By Senator Evans, for the Committee on Education: 

S. B. 320, a bill to amend the provisions of the allotment of teachers by 
the State Board of Education, with an unfavorable report as to bill favor- 
able report as to Committee Substitute bill. 

Upon motion of Senator Evans, the Committee Substitute bill is placed 
upon today's Calendar. 

S. J. R. 476, a joint resolution creating the Commission on the Recodifi- 
cation of the Public School Laws of North Carolina, with a favorable report, 
as amended. 

S. B. 477, a bill to amend and revise Articles 25 and 26 of Chapter 115 
of the General Statutes to authorize county and city boards of education 
to provide for the selection and procurement of supplementary textbooks, 
library books, publications, and other instructional materials for the public 
school system, with a favorable report. 

H. B. 694, a bill to authorize the Montgomery County Board of Education 
to enter into written agreements with the employees of said Board to 
deduct specified sums from the salaries of the employees for hospitalization 
insurance, with a favorable report. 

H. B. 703, a bill providing that money raised for the Richmond Technical 
Institute either through tax levy or bond issue may be used for community 
college purposes, with a favorable report. 

H. B. 711, a bill to authorize the Winston-Salem/Forsyth County Board 
of Education to convey certain lands to the North Carolina School of the 
Arts Foundation, Inc., with a favorable report. 

S. B. 319, a bill to authorize the State Board of Education and local boards 
of education to engage in educational research and special educational 
projects, with a favorable report, as amended. 



1969] SENATE JOURNAL 367 

By Senator Ellis, for the committee on Judiciary No. 1: 

S. B. 408, a bill relating to the collection of charges for ambulance 
service when the service is provided by a county or municipality, with a 
favorable report, as amended. 

S. B. 409, a bill to create liens for ambulance service, with a favorable 
report, as amended. 

By Senator MacLean, for the Committee on Agriculture: 

S. B. 387, a bill amending Article 34 of Chapter 106 of the General 
Statutes relating to indemnity payments by the State to owners of hogs 
and other animals slaughtered to prevent the spread of animal diseases, 
with a favorable report, as amended. 

S. B. 501, a bill prohibiting hunting from public roads without land- 
owner's permission in a portion of Franklin County, with a favorable 
report. 

By Senator Currie, for the Committee on Alcoholic Beverage Control: 

S. B. 423, a bill authorizing the establishment of a town liquor control 
store in the town of Angier, Harnett County, upon a vote of the people, 
and providing for the allocation of the net proceeds from the operation of 
such store, with a favorable report. 

S. B. 520, a bill to amend General Statutes 18-116.2 relative to limiting- 
sale of ABC stores, with a favorable report. 

H. B. 725, a bill authorizing the board of county commissioners and the 
county ABC Board of Gates County to jointly employ law enforcement 
officers, with a favorable report. 

By Senator Boger, for the Committee on Judiciary No. 2: 

H. B. 608, a bill to rewrite General Statutes 148-23, regulating the 
conduct of prison employees, with a favorable report, as amended. 

By Senator Griffin, for the Committee on Veterans and Military Affairs: 

S. B. 484, a bill to extend to Vietnam veterans and their dependents 
those entitlements heretofore granted the veterans of previous wars; to 
provide for revoking scholarships in cases of campus disorders; and to 
make certain editorial changes in General Statutes 165, with a favorable 
report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator J. White of Cleveland: S. B. 528, a bill to establish the North 
Carolina Racing Commission to license racing tracks and to control 
wagering. 

Referred to Committee on Conservation and Development. 

By Senator Kirby: S. B. 529, a bill to enlarge the membership of the 
Board of Higher Education. 

Referred to Committee on Higher Education. 



368 SENATE JOURNAL [Session 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 508, a bill to identify and protect historically or architecturally 
significant North Carolina buildings. 

Referred to Committee on Conservation and Development. 

H. B. 528, a bill relating to substitute trustees under deeds of trust, and 
providing for the validation of certain acts done by such substitute trustees 
before April 1, 1969. 

Referred to Committee on Judiciary No. 1. 

H. B. 630, a bill to amend Chapter 893 of the 1967 Session Laws 
authorizing election or referendum on the question of reorganizing and 
merging the Lincoln County School Administrative Unit and the Lincolnton 
City Administrative Unit into one school administrative unit under one 
board of education so as to provide, in the event merger is approved by the 
lectorate, the "Joint Lincoln County Board of Education" shall assume the 
administration of the Lincoln County Public Schools on August 15, 1969. 

Referred to Committee on Education. 

H. B. 813, a bill to authorize the board of county commissioners of 
Harnett County to endorse the note of Harnett Livestock Arena, Incor- 
porated. 

Referred to Committee on Judiciary No. 1. 

H. B. 754, a bill relating to the Anson County Administrative School 
Unit naming certain members to the Board and fixing their terms of office. 

Referred to Committee on Local Government. 

H. B. 834, a bill to amend Chapter 1073 of the Session Laws of 1959 so 
as to authorize the sheriff of Vance County to issue permits for the sale 
of certain weapons. 

Referred to Committee on Local Government. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 429, a bill to revise and consolidate the charter of the city of 
Hamlet, upon second reading. 

Upon motion of Senator Allsbrook, the amendment offered by the Com- 
mittee is adopted. 

The bill, as amended, passes its second reading by roll call vote, ayes 43, 
noes 0, as follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Currie, Dent, Edwards, Ellis, 
Evans, Folger, Griffin, Gurganus, Harrington, Henley, Johnson, Joyner, 
Kirby, Larkins, MacLean, McGeachy, Murrow, Nielson, Norton, Patterson, 
Penn, Poovey, Rauch, Reed, Robinson, Sapp, Saunders, Scott, Staton, S. 
Warren of Sampson, L. Warren of Wayne, J. White of Cleveland, V. White 
of Pitt, Wood— 43. 



1969] SENATE JOURNAL 369 

The bill, as amended, remains upon the Calendar. 

S. B. 460, a bill pertaining to Article 3, Chapter 139 of the General 
Statutes as the same relates to a watershed improvement program in 
Caswell County, upon second reading. 

The bill passes its second reading by roll call vote, ayes 43, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Currie, Dent, Edwards, Ellis, 
Evans, Folger, Griffin, Gurganus, Harrington, Henley, Johnson, Joyner, 
Kirby, Larkins, MacLean, McGeachy, Murrow, Nielson, Norton, Patterson, 
Penn, Poovey, Rauch, Reed, Robinson, Sapp, Saunders, Scott, Staton, S. 
Warren of Sampson, L. Warren of Wayne, J. White of Cleveland, V. White 
of Pitt, Wood— 43. 

The bill remains upon the Calendar. 

S. B. 482, a bill to amend Chapter 450, Session Laws of 1961, to redefine 
the corporate limits of the town of Bethel, upon second reading. 

Upon motion of Senator V. White of Pitt, the amendment offered by the 
Committee is adopted. 

The bill, as amended, passes its second reading by roll call vote, ayes 43, 
noes 0, as follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Currie, Dent. Edwards, Ellis, 
Evans, Folger, Griffin, Gurganus, Harrington, Henley, Johnson, Joyner, 
Kirby, Larkins, MacLean, McGeachy, Murrow, Nielson, Norton, Patterson, 
Penn, Poovey, Rauch, Reed, Robinson, Sapp, Saunders, Scott, Staton, S. 
Warren of Sampson, L. Warren of Wayne, J. White of Cleveland, V. White 
of Pitt, Wood— 43. 

The bill, as amended, remains upon the Calendar. 

H. B. 542, a bill to revise and consolidate the charter of the town of 
Nashville, North Carolina, upon second reading. 

The bill passes its second reading by roll call vote, ayes 43, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Currie, Dent, Edwards, Ellis, 
Evans, Folger, Griffin, Gurganus, Harrington, Henley, Johnson, Joyner, 
Kirby, Larkins, MacLean, McGeachy, Murrow, Nielson, Norton, Patterson, 
Penn, Poovey, Rauch, Reed, Robinson, Sapp, Saunders, Scott, Staton, S. 
Warren of Sampson, L. Warren of Wayne, J. White of Cleveland, V. White 
of Pitt, Wood— 43. 

The bill remains upon the Calendar. 

Committee Substitute for S. B. 92, a bill to provide compensation for the 
members of the county board of commissioners of Jackson County. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 393, a bill to amend the provisions of General Statutes 153-9(58) of 
the General Statutes of North Carolina relating to ambulance franchises 
in Forsyth County. 



370 SENATE JOURNAL [Session 

Upon motion of Senator Bagnal, the amendment offered by the Committee 
is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 442, a bill increasing the number of county commissioners of Surry 
County, to increase and stagger their terms of office and to create districts. 

Upon motion of Senator J. White of Cleveland, the Committee amend- 
ment is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 449, a bill to increase the salary of the register of deeds of 
Franklin County and his assistants. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 453, a bill to amend Chapter 1058, Session Laws of 1963, so as to 
make General Statutes 160-173, as amended, applicable to Cumberland 
County. 

Upon motion of Senator J. White of Cleveland, the Committee amend- 
ment is adopted. 

Passes its second and third readings, as amended, and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 456, a bill to provide supplemental retirement funds for firemen 
in the city of Shelby and to modify the application of General Statutes 
118-5, General Statutes 118-6, and General Statutes 118-7 to the city of 
Shelby. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 465, a bill to authorize the governing body of the city of Durham 
to appropriate and expend nontax revenues for certain public purposes. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 471, a bill to increase the salaries of the sheriff, chief deputy and 
deputy sheriffs of Franklin County. 

Upon motion of Senator Griffin, the Committee amendment is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 475, a bill to provide for the nonpartisan election of the members of 
the county board of education of Cherokee County. 

Upon motion of Senator West, the Committee amendment is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

H. B. 262, a bill to amend the charter of the town of Fairmont so as to 
fix the salary of the mayor and the town commissioners. 

Passes its second and third readings and is ordered enrolled. 



1969] SENATE JOURNAL 371 

H. B. 343, a bill to direct the board of county commissioners of Ruther- 
ford County to invest the care, custody and control of the county jail in the 
sheriff of the county. 

Passes its second and third readings and is ordered enrolled. 

H. B. 344, a bill to direct the board of county commissioners of Polk 
County to invest the care, custody and control of the county jail in the 
sheriff of the county. 

Passes its second and third readings and is ordered enrolled. 

H. B. 377, a bill to amend Chapter 952 of the Session Laws of 1959 
relating to water connections in the town of Havelock. 

Passes its second and third readings and is ordered enrolled. 

H. B. 469, a bill fixing the salary of the board of commissioners of 
Newport. 

Passes its second and third readings and is ordered enrolled. 

H. B. 470, a bill changing the compensation of the sheriff, register of 
deeds and county commissioners of Vance County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 479, a bill to amend Chapter 62 and 664 of the 1965 Session Laws 
relating to the compensation of the chairman and other members of the 
Pasquotank County Board of Commissioners. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 482, a bill to amend Chapter 121, Private Laws of 1931, relating 
to initiative, referendum and recall of the city of Asheville. 

Passes its second and third readings and is ordered enrolled. 

H. B. 489, a bill to amend Article 24 of Chapter 153 of the General 
Statutes to permit the board of commissioners of Mecklenburg County to 
exercise the power of eminent domain with respect to water and sewer 
systems in the same manner as permitted in Article 9 of Chapter 136 of the 
General Statutes. 

Passes its second and third readings and is ordered enrolled. 

H. B. 495, a bill to establish the salaries and remuneration of the sheriff, 
register of deeds and the county commissioners of Alamance County. 

Upon motion of Senator Scott, the Committee amendment is adopted. 

Passes its second and third readings, as amended, and is ordered sent 
to the House of Representatives for concurrence in the Senate amendment. 

H. B. 558, a bill to authorize the town of Highlands in Macon County 
to make appropriations from nontax funds for certain public purposes. 

Passes its second and third readings and is ordered enrolled. 

H. B. 486, a bill to amend Article 5, Chapter 87, Section 64 of the 
General Statutes relating to examination, renewal and reinstatement fees 
for persons and firms engaged in refrigeration contracting, upon third 
reading. 

The bill passes its third reading by roll call vote, ayes 43, noes 0, as 
follows: 



372 SENATE JOURNAL [Session 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Currie, Dent, Edwards, Ellis, 
Evans, Folger, Griffin, Gurganus, Harrington, Henley, Johnson, Joyner, 
Kirby, Larkins, MacLean, McGeachy, Murrow, Nielson, Norton, Patterson, 
Penn, Poovey, Rauch, Reed, Robinson, Sapp, Saunders, Scott, Staton, S. 
Warren of Sampson, L. Warren of Wayne, J. White of Cleveland, V. White 
of Pitt, Wood— 43. 

The bill is ordered enrolled. 

S. B. 455, a bill authorizing cities and towns to provide for financial 
assistance to those required to be relocated by municipal or governmental 
action, upon third reading. 

Senator J. White of Cleveland offers an amendment which is adopted. 

The bill, as amended, passes its third reading and is ordered engrossed 
and sent to the House of Representatives. 

H. B. 394, a bill revising Article 6A of Chapter 153 of the General 
Statutes of North Carolina concerning the salaries of county officers and 
employees, upon third reading. 

The bill, as amended, passes its third reading and is ordered sent to the 
House of Representatives for concurrence in the Senate amendment. 

S. B. 203, a bill to define, regulate and license auctioneers of the State 
of North Carolina. 

Upon motion of Senator J. White of Cleveland, consideration of the bill 
is postponed until Tuesday, April 29, 1969. 

S. B. 479, a bill to amend General Statutes 130-13, so as to authorize 
counties to appoint additional members to the County Board of Health. 

Upon motion of Senator MacLean, consideration of the bill is postponed 
until Tuesday, April 29, 1969. 

S. B. 505, a bill to place the authority in the State Auditor for installing 
or changing accounting systems in State departments, institutions or 
agencies. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 507, a bill requiring all automobile liability insurers to send notice 
to their insureds in the event their policies lose the safe driver discount 
or a surcharge is applied to such policies. 

Upon motion of Senator Edwards, the Committee amendment is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. J. R. 509, a joint resolution creating the Governor's Study Commission 
on Automobile Liability Insurance and rates. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 98, a bill amending Chapter 1063 of the Session Laws of 1967, 
so as to provide that General Statutes 163-117 shall not apply to the 
seats in the House of Representatives for the Thirtieth District. 

Passes its second and third readings and is ordered enrolled. 



1969] SENATE JOURNAL 373 

H. B. 514, a bill to amend the insurance laws of North Carolina so as to 
provide for the assignment of rights and interests in group insurance and 
annuity contracts. 

Upon motion of Senator Edwards, consideration of the bill is postponed 
until Friday, April 25, 1969. 

H. B. 523, a bill to amend Chapter 105 of the General Statutes to provide 
limitations upon the use to be made of lists of employees furnished tax 
collectors. 

Passes its second and third readings and is ordered enrolled. 

Committee Substitute for S. B. 320, a bill to amend the provisions for 
the allotment of teachers by the State Board of Education. 

Upon motion of Senator Evans, the Committee Substitute bill is adopted. 

Committee Substitute for S. B. 364, a bill to provide for the establishment 
of the Kings Mountain Lake Authority. 

Upon motion of Senator J. White of Cleveland, the Committee Substitute 
bill is adopted. 

Upon motion of Senator Maxwell, the Senate adjourns to meet tomorrow 
morning at 10:00 o'clock. 



EIGHTY-SEVENTH DAY 

Senate Chamber, 
Friday, April 25, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the 
Senate. 

Senator Ellis for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

The President extends the courtesies of the galleries to eighty-five 
students of the seventh grade of the Lenoir Junior High School, Lenoir, 
and to their teachers, Mrs. Hartso, Mrs. Lanier, Mrs. Triplett and Mrs. 
Bryant. Debbie Flaherty, the daughter of Senator Flaherty of Caldwell 
County, is a member of the class. 

The President extends the courtesies of the floor to members of the 
family of the late John Washington Clark, including his son and daughter- 
in-law, Mr. and Mrs. Walter M. Clark, and their children, John Washington 
Clark II, David McKenzie Clark and Edward Graham Clark. 

Upon motion of Senator L. Warren of Wayne, H. B. 405, a bill to amend 
General Statutes 118-20 so as to make the State Personnel Act applicable 
to the secretary of the North Carolina Fireman's Pension Fund, is taken 
from the Committee on Appropriations and placed upon the Calendar for 
Monday, April 28, 1969. 



374 SENATE JOURNAL [Session 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary of 
State: 

H. B. 98, an act amending Chapter 1063 of the Session Laws of 1967, 
so as to provide that General Statutes 163-117 shall not apply to the 
seats in the House of Representatives for the Thirtieth District. 

H. B. 469, an act fixing the salary of the Board of Commissioners of 
Newport. 

H. B. 470, an act changing the compensation of the sheriff, register of 
deeds and county commissioners of Vance County. 

H. B. 523, an act to amend Chapter 105 of the General Statutes to 
provide limitations upon the use to be made of lists of employees furnished 
tax collectors. 

H. B. 638, an act prohibiting the use of rifles in the mainland area of 
Dare County from the northern boundary line of the town of Kill Devil 
Hills to the northern boundary line of the county of Dare. 

S. B. 431, an act authorizing Cabarrus County Board of Education to 
exchange real property. 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator J. White of Cleveland, for the Committee on Local Govern- 
ment: 

S. B. 322, a bill to provide for the appointment of a veterans service 
officer of Mitchell County and to fix his compensation, with an unfavorable 
report as to bill, favorable as to Committee Substitute bill. 

Upon motion of Senator J. White of Cleveland the Substitute bill is placed 
upon today's Calendar. 

H. B. 583, a bill relating to the bringing of actions for the enforcement 
of taxes by Carteret County, with a favorable report. 

H. B. 586, a bill to repeal Session Laws with special provisions for 
building permits in Dare County, with a favorable report. 

H. B. 592, a bill to provide a supplemental retirement fund for firemen 
in the city of Newton and to modify the application of General Statutes 
118-5, 118-6 and 118-7 to the city of Newton, with a favorable report. 

H. B. 595, a bill to amend Chapter 1013 of the Session Laws of 1961 
being the Charter of the town of Edenton to redefine the corporate limits, 
with a favorable report. 

H. B. 610, a bill to amend Sections 10 and 22(7) of the Charter of the 
city of Raleigh (Chapter 1184 of the Session Laws of North Carolina, 1949, 
as amended), with a favorable report. 

H. B. 614, a bill to authorize the governing board of the town of Lake 
Waccamaw to regulate the subdivision of the land in and around said town 



1969] SENATE JOURNAL 375 

and within 2,000 feet inland around the boundaries of Lake Waccamaw, 
with a favorable report. 

H. B. 619, a bill to amend Chapter 216 of the Session Laws of 1967, being 
a part of the charter of the city of Charlotte, Mecklenburg County, with a 
favorable report. 

H. B. 650, a bill to fix the salaries of the board of county commissioners 
of Columbus County, with a favorable report. 

H. B. 651, a bill to allow the sheriff and deputy sheriffs of Granville 
County to purchase automobiles from State surplus, with a favorable report. 

H. B. 656, a bill relating to the dissolution Moyock Drainage District, 
with a favorable report. 

H. B. 657, a bill relating to the salary of the mayor and the commis- 
sioners of the town of Murfreesboro in Hertford County, with a favorable 
report. 

H. B. 658, a bill to permit the Stanly County Board of Commissioners to 
contribute to aid in the program of the Stanly County Vocational Work- 
shop, Inc., with a favorable report. 

H. B. 659, a bill to revise the charter of the town of Stonewall in Pamlico 
County and to repeal prior Charter Acts, with a favorable report. 

H. B. 664, a bill altering the terms of office of members of the Rocky 
Mount City Board of Education and providing for staggered terms of office 
for such members, with a favorable report. 

H. B. 665, a bill to amend Chapter 1068 of the 1963 Session Laws relating 
to the salaries of the county commissioners, with a favorable report. 

H. B. 670, a bill to amend Chapter 72 of the Session Laws of 1969 so as 
to make technical corrections in the charter of the village of Whispering 
Pines, with a favorable report. 

H. B. 675, a bill to make Chapter 1058 of the Session Laws of 1963 
applicable to Vance County, with a favorable report. 

H. B. 676, a bill to amend Chapter 810 of the Session Laws of 1959 
relating to the Supplemental Firemen's Retirement Fund of the city of 
Henderson, with a favorable report. 

H. B. 677, a bill to amend Chapter 543 of the Session Laws of 1947 
relating to the appointment of the tax supervisor for Randolph County, 
with a favorable report. 

H. B. 754, a bill relating to the Anson County Administrative School 
Unit naming certain members to the board and fixing their terms of office, 
with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senators L. Warren of Wayne and Ellis: S. B. 530, a bill to clarify 
the role of the register of deeds in administering the Excise Stamp Tax 
on conveyance of real estate. 

Referred to Committee on Judiciary No. 1. 



376 SENATE JOURNAL [Session 

By Senator L. Warren of Wayne: S. B. 531, a bill to amend Chapter 559 
of the 1967 Session Laws to provide changes only with respect to projects 
wholly self-liquidating. 

Referred to Committee on Appropriations. 

By Senator L. Warren of Wayne: S. B. 532, a bill to amend Chapter 116 
of the General Statutes of North Carolina to increase the limit of interest 
rate payable for bonds for self-liquidating projects. 

Referred to Committee on Appropriations. 

By Senator L. Warren of Wayne: S. B. 533, a bill to amend Chapter 
1108 of the 1967 Session Laws to provide changes only with respect to 
projects wholly or partially self-liquidating. 

Referred to Committee on Appropriations. 

By Senator Flaherty: S. B. 534, a bill to amend Article 4, Chapter 105 
of the General Statutes of North Carolina to increase the amount of con- 
tributions or gifts by individuals allowed as a deduction in computing net 
income to the maximum amount allowed under the Internal Revenue Code. 

Referred to Committee on Finance. 

By Senator Burney: S. B. 535, a bill to amend Chapter 105 of the General 
Statutes to provide place for listing certain tangible personal property. 

Referred to Committee on Judiciary No. 2. 

By Senator J. White of Cleveland: S. B. 536, a bill to amend the charter 
of the city of Kings Mountain, Chapter 360 of the Private Laws of 1909. 

Referred to Committee on Local Government. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 475, a bill to clarify the laws relating to burglary and related 
offenses. 

Referred to Committee on Judiciary No. 1. 

H. B. 632, a bill to amend Chapter 115A of the General Statutes re- 
lating to equitable distribution of capital outlay funds to institutional 
units of the Community College System. 

Referred to Committee on Education. 

H. B. 701, a bill authorizing the town of Asheboro to lease property to 
Ash-Rand Rescue, Inc., a non-stock, non-profit corporation. 

Referred to Committee on Local Government. 

H. B. 696, a bill to establish an additional seat of court in Beaufort 
County. 

Referred to Committee on Courts and Judicial Districts. 

H. B. 789, a bill to provide for the nomination and election of the 
members of the board of education of Rutherford County. 

Referred to Committee on Education. 

H. B. 762, a bill to provide for the election of the members of the board 
of education of Yancey County. 



1969] SENATE JOURNAL 377 

Referred to Committee on Education. 

H. B. 793, a bill to amend Section 160-59 of the General Statutes of 
North Carolina so as to exclude the city of Burlington as to the sale of 
one particularly described parcel of real property. 

Referred to Committee on Local Government. 

H. J. R. 890, a joint resolution honoring the life and memory of John 
Washington Clark. 

Upon motion of Senator Bailey the rules are suspended and the resolu- 
tion is placed upon its immediate passage. 

Passes its second and third readings and is ordered enrolled. 

H. B. 855, a bill to fill a vacancy on the Edgecombe County Board of 
Education. 

Referred to Committee on Education. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

S. B. 429, a bill to revise and consolidate the charter of the city of 
Hamlet, upon third reading. 

The bill, as amended, passes its third reading by roll call vote, ayes 41, 
noes 0, as follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Ellis, Evans, 
Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, Johnson, Joyner, 
Kirby, Larkins, Maxwell, McGeachy, Murrow, Nielson, Norton, Patterson, 
Penn, Poovey, Rauch, Reed, Robinson, Sapp, Scott, Staton, S. Warren of 
Sampson, L. Warren of Wayne, J. White of Cleveland, V. White of Pitt — 41. 

The bill, as amended, is ordered engrossed and sent to the House of 
Representatives. 

S. B. 460, a bill pertaining to Article 3, Chapter 139 of the General 
Statutes as the same relates to a watershed improvement program in 
Caswell County, upon third reading. 

The bill passes its third reading by roll call vote, ayes 41, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Ellis, Evans, 
Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, Johnson, Joyner, 
Kirby, Larkins, Maxwell, McGeachy, Murrow, Nielson, Norton, Patterson, 
Penn, Poovey, Rauch, Reed, Robinson, Sapp, Scott, Staton, S. Warren of 
Sampson, L. Warren of Wayne, J. White of Cleveland, V. White of Pitt — 41. 

The bill is ordered sent to the House of Representatives. 

S. B. 482, a bill to amend Chapter 450, Session Laws 1961, to redefine 
the corporate limits of the town of Bethel, upon third reading. 

The bill, as amended, passes its third reading by roll call vote, ayes 41, 
noes 0, as follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Ellis, Evans, 



378 SENATE JOURNAL [Session 

Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, Johnson, Joyner, 
Kirby, Larkins, Maxwell, McGeachy, Murrow, Nielson, Norton, Patterson, 
Penn, Poovey, Rauch, Reed, Robinson, Sapp, Scott, Staton, S. Warren of 
Sampson, L. Warren of Wayne, J. White of Cleveland, V. White of Pitt — 41. 

The bill, as amended, is ordered engrossed and sent to the House of 
Representatives. 

H. B. 542, a bill to revise and consolidate the charter of the town of 
Nashville, North Carolina, upon third reading. 

The bill passes its third reading by roll call vote, ayes 41, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Ellis, Evans, 
Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, Johnson, Joyner, 
Kirby, Larkins, Maxwell, McGeachy, Murrow, Nielson, Norton, Patterson, 
Penn, Poovey, Rauch, Reed, Robinson, Sapp, Scott, Staton, S. Warren of 
Sampson, L. Warren of Wayne, J. White of Cleveland, V. White of Pitt — 41. 

The bill is ordered enrolled. 

H. B. 478, a bill to amend Chapter 609 of the Session Laws of 1963 
defining the corporate limits of the town of Ahoskie, upon second reading. 

The bill passes its second reading by roll call vote, ayes 41, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Ellis, Evans, 
Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, Johnson, Joyner, 
Kirby, Larkins, Maxwell, McGeachy, Murrow, Nielson, Norton, Patterson, 
Penn, Poovey, Rauch, Reed, Robinson, Sapp, Scott, Staton, S. Warren of 
Sampson, L. Warren of Wayne, J. White of Cleveland, V. White of Pitt — 41. 

The bill remains upon the Calendar. 

H. B. 703, a bill providing that money raised for the Richmond Technical 
Institute either through tax levy or bond issue may be used for com- 
munity college purposes, upon second reading. 

The bill passes its second reading by roll call vote, ayes 41, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Ellis, Evans, 
Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, Johnson, Joyner, 
Kirby, Larkins, Maxwell, McGeachy, Murrow, Nielson, Norton, Patterson, 
Penn, Poovey, Rauch, Reed, Robinson, Sapp, Scott, Staton, S. Warren of 
Sampson, L. Warren of Wayne, J. White of Cleveland, V. White of Pitt — 41. 

The bill remains upon the Calendar. 

Committee Substitute for S. B. 364, a bill to provide for the establish- 
ment of the Kings Mountain Lake Authority. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 423, a bill authorizing the establishment of a town liquor control 
store in the town of Angier, Harnett County, upon a vote of the people, 
and providing for the allocation of the net proceeds from the operation of 
such store. 



1969] SENATE JOURNAL 379 

Upon motion of Senator Staton consideration of the bill is postponed 
until Monday, April 28, 1969. 

S. B. 459, a bill to authorize the board of county commissioners of Rowan 
County to establish the Rowan County Police Department and Personnel 
Advisory Board. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

Upon motion of Senator Sapp, the vote by which S. B. 459 passed its 
third reading is reconsidered. 

Upon motion of Senator Sapp, the Committee amendment is adopted. 

The bill, as amended, passes its third reading and the bill is ordered 
engrossed and sent to the House of Representatives. 

S. B. 501, a bill prohibiting hunting from public roads without land- 
owner's permission in a portion of Franklin County. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 454, a bill authorizing Elizabeth City in Pasquotank County to 
zone around the perimeter of the Coast Guard Air Base at Elizabeth City 
to afford safe flying operations. 

Passes its second and third readings and is ordered enrolled. 

H. B. 566, a bill to provide supplemental retirement funds for firemen 
in the city of Burlington and to modify the application of General Statutes 
118-5, 118-6 and 118-7 to the city of Burlington. 

Passes its second and third readings and is ordered enrolled. 

H. B. 572, a bill to amend Chapter 1097 of the Session Laws of 1967 
relating to the compensation of the board of commissioners of Tyrrell 
County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 574, a bill to authorize the governing body of the town of Fairmont, 
North Carolina, to appoint a city manager and to prescribe his powers 
and duties. 

Passes its second and third readings and is ordered enrolled. 

H. B. 578, a bill to amend Chapter 1281 of the 1957 Session Laws relating 
to the charter of the city of New Bern in Craven County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 579, a bill to amend Chapter 1193 of the Session Laws of 1967 
authorizing the town of Chapel Hill to exchange certain real estate. 

Passes its second and third readings and is ordered enrolled. 

H. B. 580, a bill to authorize the town of Chapel Hill to establish an 
off-street parking fund. 

Passes its second and third readings and is ordered enrolled. 

H. B. 584, a bill to extend police jurisdiction of the town of Atlantic 
Beach. 

Passes its second and third readings and is ordered enrolled. 



380 SENATE JOURNAL [Session 

H. B. 589, a bill to amend Chapter 143 of the General Statutes of 
North Carolina relating to procedure for the letting of public contracts by 
the city of Gastonia. 

Passes its second and third readings and is ordered enrolled. 

H. B. 591, a bill amending Chapter 1101 of the Session Laws of 1959 
relating to the appointment and terms of members of the Asheville Library 
Board. 

Passes its second and third readings and is ordered enrolled. 

H. B. 598, a bill relating to the election of the mayor and commissioners 
of the town of Rose Hill. 

Passes its second and third readings and is ordered enrolled. 

H. B. 609, a bill to amend Chapter 50 of the North Carolina Session Laws 
of 1935 entitled "An act to create a Civil Service Commission for the fire 
department and police department of the city of Raleigh and to provide 
the necessary machinery and rules for the organization and operation for 
said Civil Service Commission and departments." 

Passes its second and third readings and is ordered enrolled. 

H. B. 617, a bill to make General Statutes 160-61.1, relating to warranty 
deeds, applicable to Granville County and the municipalities therein. 

Passes its second and third readings and is ordered enrolled. 

H. B. 620, a bill to amend Chapter 713 of the Session Laws of 1965, 
being the charter of the city of Charlotte in Mecklenburg County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 623, a bill creating the Hendersonville-Henderson County Study 
Commission of the municipalities within, and the county of Henderson. 

Passes its second and third readings and is ordered enrolled. 

H. B. 629, a bill to amend Chapter 87 of the Session Laws of 1961 relating 
to the charter of the town of Chapel Hill. 

Passes its second and third readings and is ordered enrolled. 

H. B. 694, a bill to authorize the Montgomery County Board of Education 
to enter into written agreements with the employees of said board to deduct 
specified sums from the salaries of the employees for hospitalization in- 
surance. 

Upon motion of Senator Evans consideration of the bill is postponed 
until Thursday, May 1, 1969. 

H. B. 711, a bill to authorize the Winston-Salem/Forsyth County Board 
of Education to convey certain lands to the North Carolina School of the 
Arts Foundation, Inc. 

Passes its second and third readings and is ordered enrolled. 

H. B. 725, a bill authorizing the board of county commissioners and the 
county ABC board of Gates County to jointly employ law enforcement 
officers. 

Passes its second and third readings and is ordered enrolled. 

S. B. 387, a bill amending Article 34 of Chapter 106 of the General 
Statutes relating to indemnity payments by the State to owners of hogs 
and other animals slaughtered to prevent the spread of animal diseases. 



1969] SENATE JOURNAL 381 

Upon motion of Senator MacLean the Committee amendment is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 408, a bill relating to the collection of charges for ambulance 
service when the service is provided by a county or municipality, upon 
second reading. 

Upon motion of Senator Nielson the Committee amendment is adopted. 

The bill, as amended, passes its second reading by roll call vote, ayes 41, 
noes 0, as follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Ellis, Evans, 
Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, Johnson, Joyner, 
Kirby, Larkins, Maxwell, McGeachy, Murrow, Nielson, Norton, Patterson, 
Penn, Poovey, Rauch, Reed, Robinson, Sapp, Scott, Staton, S. Warren of 
Sampson, L. Warren of Wayne, J. White of Cleveland, V. White of Pitt — 41. 

The bill remains upon the Calendar. 

S. B. 409, a bill to create liens for ambulance service, upon second reading. 

Upon motion of Senator Nielson the Committee amendment is adopted. 

The bill, as amended, passes its second reading by roll call vote, ayes 41, 
noes 0, as follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Ellis, Evans, 
Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, Johnson, Joyner, 
Kirby, Larkins, Maxwell, McGeachy, Murrow, Nielson, Norton, Patterson, 
Penn, Poovey, Rauch, Reed, Robinson, Sapp, Scott, Staton, S. Warren of 
Sampson, L. Warren of Wayne, J. White of Cleveland, V. White of Pitt — 41. 

The bill remains upon the Calendar. 

S. B. 264, a bill to amend Chapter 128 of the General Statutes relating 
to the Local Governmental Employees' Retirement System. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 319, a bill to authorize the State Board of Education and local 
boards of education to engage in educational research and special educa- 
tional projects. 

Upon motion of Senator Evans the Committee amendment is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

Committee Substitute for S. B. 320, a bill to amend the provisions for 
the allotment of teachers by the State Board of Education. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. J. R. 476, a joint resolution creating the Commission on the Recodifica- 
tion of the Public School Laws of North Carolina. 

Upon motion of Senator Patterson the Committee amendment is adopted. 

The resolution, as amended, passes its second and third readings and is 
ordered engrossed and sent to the House of Representatives. 



382 SENATE JOURNAL [Session 

S. B. 477, a bill to amend and revise Articles 25 and 26 of Chapter 115 
of the General Statutes to authorize county and city boards of education 
to provide for the selection and procurement of supplementary textbooks, 
library books, publications and other instructional materials for the public 
school system. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 484, a bill to extend to Vietnam veterans and their dependants 
those entitlements heretofore granted the veterans of previous wars; to 
provide for revoking scholarships in cases of campus disorders; and to 
make certain editorial changes in General Statutes 165. 

Senator Griffin offers an amendment which is adopted. 

The bill, as amended, passes its second and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 520, a bill to amend General Statutes 18-116.2 relative to limiting 
sale to ABC stores. 

Upon motion of Senator J. White of Cleveland consideration of the bill 
is postponed until Monday, April 28, 1969. 

H. B. 514, a bill to amend the insurance laws of North Carolina so as to 
provide for the assignment of rights and interests in group insurance and 
annuity contracts. 

Passes its second and third readings and is ordered enrolled. 

H. B. 594, a bill amending General Statutes 153-246, relating to joint 
performance of administrative functions by local governments. 

Upon motion of Senator J. White of Cleveland consideration of the bill 
is postponed until Monday, April 28, 1969. 

H. B. 608, a bill to rewrite General Statutes 148-23, regulating the 
conduct of prison employees. 

Upon motion of Senator Boger the Committee amendment is adopted. 

The bill, as amended, passes its second reading. 

Upon objection of Senator Allsbrook to its third reading, the bill, as 
amended, is placed upon the Calendar for Monday, April 28, 1969. 

Committee Substitute for S. B. 322, a bill to repeal Chapter 602 of the 
1953 Session Laws relating to the appointment of a veterans service officer 
in Mitchell County and to make the provisions of General Statutes 153-9(43) 
applicable to Mitchell County. 

Upon motion of Senator J. White of Cleveland the Committee substitute 
is adopted. 

Upon motion of Senator McGeachy, the Senate adjourns to meet to- 
morrow morning at 9:30 o'clock, at which time only Public Local bills will 
be considered and adjournment will be until Monday evening at 8 o'clock. 



1969] SENATE JOURNAL 383 

EIGHTY-EIGHTH DAY 

Senate Chamber, 
Saturday, April 26, 1969. 

The Senate meets pursuant to adjournment, and in the absence of 
Lieutenant Governor H. Patrick Taylor, Jr. and President Pro Tempore N. 
Hector McGeachy, Jr., the Principal Clerk, Roy Rowe, calls Senator Bailey 
to the Chair, who calls the Senate to order and presides during the Session. 

Prayer is offered by Senator Bailey. 

Senator Coggins for the Committee on Rules and Operation of the Senate 
announces that the Journal of yesterday has been examined and is found 
to be correct, and upon his motion the reading of the Journal is dispensed 
with and it stands approved as written. 

Upon motion of Senator Coggins, the Senate adjourns to meet Monday 
evening at 8:00 o'clock. 



EIGHTY-NINTH DAY 

Senate Chamber, 
Monday, April 28, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Richard T. Davis, Pastor of Edgemont 
Baptist Church, Rocky Mount. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of Saturday has been examined and 
is found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

Upon motion of Senators V. White of Pitt and Allsbrook, the President 
extends the courtesies of the galleries to Mrs. Richard T. Davis, wife of 
the guest chaplain, and their children, Ricky, Nancy and Peggy Davis are 
made honorary pages of the Senate. 

Upon motion of Senator J. White of Cleveland, S. B. 364, a bill to provide 
for the establishment of the Kings Mountain Lake Authority, is ordered 
recalled from the House of Representatives. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly 
enrolled, and they are duly ratified and sent to the office of the Secretary of 
State: 

H. B. 262, an act to amend the charter of the town of Fairmont so as to 
fix the salary of the mayor and the town commissioners. 

H. B. 343, an act to direct the board of county commissioners of Ruther- 
ford County to invest the care, custody and control of the county jail in 
the sheriff of the county. 



384 SENATE JOURNAL [Session 

H. B. 344, an act to direct the board of county commissioners of Polk 
County to invest the care, custody and control of the county jail in the 
sheriff of the county. 

H. B. 377, an act to amend Chapter 952 of the Session Laws of 1959 
relating to water connections in the town of Havelock. 

H. B. 479, an act to amend Chapter 62 and 664 of the 1965 Session Laws 
relating to the compensation of the chairman and other members of the 
Pasquotank County Board of Commissioners. 

H. B. 482, an act to amend Chapter 121, Private Laws of 1931, relating 
to initiative, referendum and recall in the city of Asheville. 

H. B. 486, an act to amend Article 5, Chapter 87, Section 64 of the 
General Statutes relating to examination, renewal and reinstatement fees 
for persons and firms engaged in refrigeration contracting. 

H. B. 489, an act to amend Article 24 of Chapter 153 of the General 
Statutes to permit the board of commissioners of Mecklenburg County to 
exercise the power of eminent domain with respect to water and sewer 
systems in the same manner as permitted in Article 9 of Chapter 136 of 
the General Statutes. 

H. B. 558, an act to authorize the town of Highlands in Macon County to 
make appropriations from nontax funds for certain public purposes. 

H. B. 454, an act authorizing Elizabeth City in Pasquotank County to 
zone around the perimeter of the Coast Guard Air Base at Elizabeth City 
to afford safe flying operations. 

H. B. 495, an act to establish the salaries and remuneration of the 
sheriff, register of deeds and the county commissioners of Alamance County. 

H. B. 514, an act to amend the insurance laws of North Carolina so as to 
provide for the assignment of rights and interests in group insurance and 
annuity contracts. 

H. B. 542, an act to revise and consolidate the charter of the town of 
Nashville, North Carolina. 

H. B. 566, an act to provide supplemental retirement funds for firemen 
in the city of Burlington and to modify the application of General Statutes 
118-5, 118-6 and 118-7 to the city of Burlington. 

H. B. 572, an act to amend Chapter 1097 of the Session Laws of 1967 
relating to the compensation of the board of commissioners of Tyrrell 
County. 

H. B. 574, an act to authorize the governing body of the town of Fairmont, 
North Carolina, to appoint a city manager and to prescribe his powers 
and duties. 

H. B. 578, an act to amend Chapter 1281 of the 1957 Session Laws re- 
lating to the charter of the city of New Bern in Craven County. 

H. B. 579, an act to amend Chapter 1193 of the Session Laws of 1967 
authorizing the town of Chapel Hill to exchange certain real estate. 

H. B. 580, an act to authorize the town of Chapel Hill to establish an 
off-street parking fund. 

H. B. 584, an act to extend police jurisdiction of the town of Atlantic 
Beach. 



1969] SENATE JOURNAL 385 

H. B. 589, an act to amend Chapter 143 of the General Statutes of 
North Carolina relating to procedure for the letting of public contracts 
by the city of Gastonia. 

H. B. 591, an act amending Chapter 1101 of the Session Laws of 1959 
relating to the appointment and terms of members of the Asheville Library 
Board. 

H. B. 598, an act relating to the election of the mayor and commissioners 
of the town of Rose Hill. 

H. B. 609, an act to amend Chapter 50 of the North Carolina Session 
Laws of 1935 entitled "An act to create a Civil Service Commission for 
the Fire Department and Police Department of the city of Raleigh and to 
provide the necessary machinery and rules for the organization and opera- 
tion for said Civil Service Commission and departments". 

H. B. 617, an act to make General Statutes 160-61.1, relating to warranty 
deeds, applicable to Granville County and the municipalities therein. 

H. B. 620, an act to amend Chapter 713 of the Session Laws of 1965, 
being the charter of the city of Charlotte in Mecklenburg County. 

H. B. 623, an act creating the Hendersonville-Henderson County Study 
Commission of the municipalities within, and the county of, Henderson. 

H. B. 629, an act to amend Chapter 87 of the Session Laws of 1961 
relating to the charter of the town of Chapel Hill. 

H. B. 711, an act to authorize the Winston-Salem/Forsyth County Board 
of Education to convey certain lands to the North Carolina School of the 
Arts Foundation, Inc. 

H. B. 725, an act authorizing the board of county commissioners and the 
county ABC board of Gates County to jointly employ law enforcement 
officers. 

S. B. 230, an act to amend Chapter 115A of the General Statutes by 
adding General Statutes 115A-9.1 permitting disposition of real and 
personal property by community colleges. 

S. B. 352, an act to amend General Statutes 115-166 by exempting from 
the General Compulsory Attendance Law, upon certain conditions, a child 
afflicted by mental, emotional or physical incapacities. 

S. B. 353, an act to rewrite General Statutes 115-165 to establish an 
appeal procedure from the decision of a county or city school superintendent 
to exclude a child from the public schools. 

S. B. 361, an act to make the discharging of a firearm into an occupied 
dwelling, building, shelter or other structure a felony. 

S. B. 376, an act to rename the division of Forestry of the Department of 
Conservation and Development as the "North Carolina Forest Service". 

S. B. 377, an act amending General Statutes 113-35 relating to forest 
nurseries operated by the Department of Conservation and Development so 
as to clarify the uses which may be made of forest tree seeds and seedlings. 

S. B. 379, an act amending General Statutes 113-81.1 relating to forest 
services rendered by the Department of Conservation and Development so 
as to provide for additional services. 



386 SENATE JOURNAL [Session 

S. B. 382, an act to amend General Statutes 130-129 relating to the 
compensation of members of a Sanitary District Board. 

S. B. 392, an act to authorize the municipalities in Montgomery County 
to convey certain properties to Montgomery County. 

S. B. 428, an act authorizing commercial and sports fisheries inspectors 
and wildlife protectors to obtain and execute search warrants. 

H. J. R. 890, a joint resolution honoring the life and memory of John 
Washington Clark. 

S. J. R. 365, a joint resolution to encourage the North Carolina State 
Board of Nursing and the schools giving courses in practical nursing to 
give consideration to training successfully completed by persons in reg- 
istered nurses courses. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator V. White of Pitt: S. B. 537, a bill to authorize the governing 
body of the town of Winterville to establish a retirement or pension fund 
for employees. 

Referred to Committee on Local Government. 

By Senator Folger: S. B. 538, a bill to allow North Surry School District 
to increase its school committee. 

Referred to Committee on Education. 

By Senator Evans: S. B. 539, a bill to amend General Statutes 135-27, 
Subsection (a). 

Referred to Committee on Personnel and Employment Programs. 

By Senator Johnson: S. B. 540, a bill to provide additional matching 
funds for those counties participating in the joint County-State Program 
of Service to veterans. 

Referred to Committee on Veterans and Military Affairs. 

By Senator Bailey: S. B. 541, a bill to amend General Statutes 62-94 to 
conform utilities commission appeal procedure with the North Carolina 
Court of Appeals procedure. 

Referred to Committee on Courts and Judicial Districts. 

By Senators James, McGeachy, Burney, Poovey, Larkins, Bagnal, Wilkie, 
Johnson, Harrington, Robinson, Nielson, Flaherty, L. Warren of Wayne, 
Joyner, Wood, Briggs, Bailey, Coggins, Maxwell, Moore, Rauch, Bowles, 
Evans and Gurganus: S. B. 542, a bill to designate Nurses' Week in North 
Carolina. 

Referred to Committee on Public Health. 

By Senators Allsbrook and V. White of Pitt: S. B. 543, a bill amending 
Chapter 1063 of the Session Laws of 1967 relating to numbered seats in 
certain Senatorial and Representative Districts so as to provide for 
numbered seats in the Fourth Senatorial District. 

Referred to Committee on Local Government. 



1969] SENATE JOURNAL 387 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 48, a bill to provide for uniform annual observances of certain 
legal public holidays on Mondays. 

Referred to Committee on State Government. 

H. B. 432, a bill to provide for the election of the Board of Education 
of Yadkin County. 

Referred to Committee on Education. 

House Committee Substitute for S. B. 61, a bill to rewrite and clarify 
the statutory limitation-upon-right to perform autopsy, for concurrence in 
the House of Representatives Committee Substitute. 

Referred to Committee on Judiciary No. 2. 

H. B. 550, a bill to authorize the Greenville City Board of Education of 
Pitt County, North Carolina, to appropriate and make available to East 
Carolina University the sum of One Hundred Thousand Dollars ($100,000.00) 
for furnishing and equipping a new elementary laboratory school and to 
authorize the board to convey to East Carolina University a tract of land 
on which to build and locate a new elementary laboratory school. 

Referred to Committee on Higher Education. 

H. B. 522, a bill to amend General Statutes 115-36(a) relating to the 
length of a school day in the public schools. 

Referred to Committee on Education. 

H. B. 624, a bill to authorize the Board of County Commissioners of 
Davie County, in their discretion, to levy a tax for the support and 
maintenance of the Davie Public Library. 

Referred to Committee on Libraries. 

S. B. 222, a bill to clarify General Statutes 20-28.1 relating to revocation 
of driving privileges of persons who drive while licenses are revoked or 
suspended, for concurrence in the House amendment. 

Upon motion of Senator Flaherty the Senate concurs in the House amend- 
ment and the bill is ordered enrolled. 

H. B. 647, a bill to amend General Statutes 115A-39 enlarging the 
membership of the Board of Trustees of the North Carolina Vocational 
Textile School. 

Referred to Committee on Higher Education. 

H. B. 641, a bill authorizing the Marion City School Board to convey, 
without consideration, to the city of Marion or McDowell County, certain 
described land. 

Referred to Committee on Judiciary No. 1. 

H. B. 654, a bill to amend the charter of the town of Gibsonville. 

Referred to Committee on Local Government. 

H. B. 661, a bill to amend Chapter 510 of the 1965 Session Laws, as 
amended by Chapter 901 of the 1967 Session Laws, fixing the salaries and 
expense allowances of certain officials and employees in Brunswick County. 



388 SENATE JOURNAL [Session 

Referred to Committee on Personnel and Employment Programs. 

H. B. 681, a bill to revise and clarify the law relating to felonious 
assaults. 

Referred to Committee on Judiciary No. 1. 

H. B. 682, a bill to revise and clarify the law relating to misdemeanor 
assaults. 

Referred to Committee on Judiciary No. 1. 

H. B. 686, a bill to amend the provisions of Articles 20A and 20B of the 
General Statutes relating to county regulations of subdivisions and zoning 
so as to make them applicable to Brunswick County. 

Referred to Committee on Local Government. 

H. B. 687, a bill to amend Chapter 375 of the Private Laws for the 
Session of 1901 relating to water connections in the town of Dover. 

Referred to Committee on Local Government. 

H. B. 690, a bill to provide supplemental retirement funds for firemen 
in the city of Reidsville and to modify the application of General Statutes 
118-5, 118-6 and 118-7 to the city of Reidsville. 

Referred to Committee on Personnel and Employment Programs. 

H. B. 691, a bill relating to the compensation of the register of deeds of 
Harnett County. 

Referred to Committee on Local Government. 

H. B. 692, a bill to repeal Chapter 942 of the Session Laws of 1945 and 
to fix the pay of the chairman and members of the board of education of 
Cumberland County. 

Referred to Committee on Local Government. 

H. B. 697, a bill authorizing the Pitt County Board of Education to lease 
the Fountain Elementary School facility to the Fountain Community De- 
velopment Corporation for a period in excess of one year. 

Referred to Committee on Judiciary No. 2. 

H. B. 698, a bill to amend Chapter 305 of the Private Laws of 1899, as 
amended by Chapter 519 of the Session Laws of 1965, relating to the com- 
pensation of the mayor and aldermen of the town of Wrightsville Beach. 

Referred to Committee on Local Government. 

H. B. 730, a bill amending the charter of the city of Rocky Mount. 

Referred to Committee on Local Government. 

H. B. 699, a bill to amend Chapter 110 of the General Statutes to pro- 
hibit the exhibiting of mentally or physically defective children. 

Referred to Committee on Mental Health. 

H. B. 700, a bill to provide a supplemental welfare fund for firemen in 
the county of Forsyth. 

Referred to Committee on Personnel and Employment Programs. 
H. B. 704, a bill to permit the city of Thomasville to operate and 
maintain a cable television system. 

Referred to Committee on Local Government. 



1969] SENATE JOURNAL 389 

H. B. 717, a bill to provide supplemental retirement funds for firemen 
in the city of Raleigh and to modify the application of General Statutes 
118-5, 118-6 and 118-7 to the city of Raleigh. 

Referred to Committee on Personnel and Employment Programs. 

H. B. 716, a bill to fix the salaries of the board of county commissioners 
and the board of education of Alleghany County. 

Referred to Committee on Local Government. 

H. B. 744, a bill fixing the salaries of the mayor and commissioners of 
the city of Cherryville in Gaston County. 

Referred to Committee on Local Government. 

H. B. 719, a bill to fix the compensation of the members of the County 
Board of Health of Edgecombe County. 

Referred to Committee on Local Government. 

H. B. 720, a bill to fix compensation of members of the County Board 
of Public Welfare of Edgecombe County. 

Referred to Committee on Local Government. 

H. B. 721, a bill to amend Chapter 568, Session Laws of North Carolina, 
regular Session 1965, entitled "An act requiring a building permit in 
Chowan County". 

Referred to Committee on Local Government. 

H. B. 722, a bill to repeal Chapter 565, Session Laws of 1961, relating to 
the compensation of certain officials in Gates County. 

Referred to Committee on Local Government. 

H. B. 723, a bill to amend Chapter 664 of the Session Laws of 1961, the 
Charter of the town of Garner, for the following purposes: to eliminate the 
requirement of a majority vote not in conformity with the General Statutes, 
to clarify town manager's authority to remove town employees, to eliminate 
provisions applicable to recorder's court judge and solicitor, and to remove 
limitations on purchase and contract procedures covered by General Statutes. 

Referred to Committee on Local Government. 

H. B. 724, a bill relating to discounts for payment of taxes in Wake 
County. 

Referred to Committee on Local Government. 

H. B. 726, a bill to amend Chapter 144 of the Public-Local Laws of 1937, 
as amended, relating to the Civil Service Act of the city of High Point. 

Referred to Committee on Local Government. 

H. B. 727, a bill amending Chapter 337, Session Laws of 1967, relating 
to the salaries of the members of the city council and the mayor of the 
city of High Point. 

Referred to Committee on Local Government. 

H. B. 728, a bill to amend General Statutes 153-266.3 relating to sub- 
division regulations in Guilford County. 

Referred to Committee on Judiciary No. 2. 

H. B. 729, a bill to amend Chapter 235 of the Session Laws of 1949, as 
amended by Chapter 1228 of the Session Laws of 1959 and as amended 



390 SENATE JOURNAL [Session 

further by Chapter 1070 of the Session Laws of 1963 relating to the salary 
of the sheriffs of Guilford County. 

Referred to Committee on Local Government. 

H. B. 731, a bill to amend General Statutes 143-129 relating to the 
letting of public contracts and purchases by the city of Durham. 

Referred to Committee on Judiciary No. 2. 

H. B. 752, a bill to fix penalties and discounts upon the payment of taxes 
in Lee County. 

Referred to Committee on Local Government. 

H. B. 755, a bill to authorize the city of Oxford to convey certain 
property to the board of education of Granville County. 

Referred to Committee on Local Government. 

H. B. 756, a bill to authorize the board of county commissioners of 
Granville County to fix the number of salaried county employees and the 
compensation of county officials and employees. 

Referred to Committee on Local Government. 

H. B. 760, a bill to allow the sheriff and deputy sheriffs of Montgomery 
County to purchase automobiles from State surplus. 

Referred to Committee on Judiciary No. 1. 

H. B. 761, a bill to amend General Statutes 15-21 so as to require de- 
fendants to receipt for warrants served on them. 

Referred to Committee on Courts and Judicial Districts. 

H. B. 772, a bill relating to repair, closing and demolition of unfit 
dwellings in the city of Rocky Mount. 

Referred to Committee on Local Government. 

H. B. 773, a bill to provide supplemental retirement funds for firemen in 
the city of Rocky Mount and to modify the application of General Statutes 
118-5, 118-6 and 118-7 to the city of Rocky Mount. 

Referred to Committee on Personnel and Employment Programs. 

H. B. 774, a bill to delete Buncombe County from the list of counties 
exempted from the provisions regarding municipal subdivisions. 

Referred to Committee on Local Government. 

H. B. 775, a bill to increase the appropriation which the Buncombe County 
Commissioners may appropriate to the Asheville Chamber of Commerce. 

Referred to Committee on Local Government. 

H. B. 778, a bill to amend Chapter 681, Session Laws of 1967, relating 
to the travel allowance of the members of the board of commissioners of 
Lincoln County. 

Referred to Committee on Local Government. 

H. B. 672, a bill to provide for garnishment and attachment in collection 
of delinquent ambulance service charges due to certain counties and 
municipalities. 

Referred to Committee on Judiciary No. 1. 

H. B. 783, a bill to make parts 2 and 3 of Article 36, Chapter 160 of the 
General Statutes applicable to Harnett County. 



1969] SENATE JOURNAL 391 

Referred to Committee on Judiciary No. 2. 

H. B. 805, a bill to amend General Statutes 143-138 to allow the State 
Building Code to regulate means of ingress in buildings. 

Referred to Committee on Judiciary No. 2. 

H. B. 828, a bill amending Chapter 192 of the 1969 Session Laws in- 
dicating the Section of the General Statutes amended. 

Referred to Committee on Judiciary No. 1. 

H. J. R. 895, a joint resolution honoring William A. Hooks of Smithfield, 
Johnston County, North Carolina upon his election as Grand Master of 
Masons in North Carolina. 

Upon motion of Senator Johnson the rules are suspended and the resolu- 
tion is placed upon its immediate passage. 

Passes its second and third readings and is ordered enrolled. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

H. B. 478, a bill to amend Chapter 609 of the Session Laws of 1963 
denning the corporate limits of the town of Ahoskie, upon third reading. 

The bill passes its third reading by roll call vote, ayes 47, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, 
Edwards, Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, 
Henley, James, Johnson, Joyner, Kirby, Larkins, Maxwell, McGeachy, 
Moore, Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, 
Robinson, Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren 
of Wayne, West, J. White of Cleveland, V. White of Pitt— 47. 

The bill is ordered enrolled. 

H. B. 703, a bill providing that money raised for the Richmond Technical 
Institute either through tax levy or bond issue may be used for com- 
munity college purposes, upon third reading. 

The bill passes its third reading by roll call vote, ayes 47, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, 
Edwards, Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, 
Henley, James, Johnson, Joyner, Kirby, Larkins, Maxwell, McGeachy, 
Moore, Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, 
Robinson, Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren 
of Wayne, West, J. White of Cleveland, V. White of Pitt— 47. 

The bill is ordered enrolled. 

H. B. 595, a bill to amend Chapter 1013 of the Session Laws of 1961 
being the charter of the town of Edenton to redefine the corporate limits, 
upon second reading. 

The bill passes its second reading by roll call vote, ayes 47, noes 0, as 
follows: 



392 SENATE JOURNAL [Session 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, 
Edwards, Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, 
Henley, James, Johnson, Joyner, Kirby, Larkins, Maxwell, McGeachy, 
Moore, Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, 
Robinson, Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren 
of Wayne, West, J. White of Cleveland, V. White of Pitt— 47. 

The bill remains upon the Calendar. 

H. B. 610, a bill to amend Sections 10 and 22(7) of the charter of the 
city of Raleigh (Chapter 1184 of the Sesssion Laws of North Carolina, 
1949, as amended), upon second reading. 

The bill passes its second reading by roll call vote, ayes 47, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, 
Edwards, Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, 
Henley, James, Johnson, Joyner, Kirby, Larkins, Maxwell, McGeachy, 
Moore, Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, 
Robinson, Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren 
of Wayne, West, J. White of Cleveland, V. White of Pitt— 47. 

The bill remains upon the Calendar. 

H. B. 619, a bill to amend Chapter 216 of the Session Laws of 1967, 
being a part of the charter of the city of Charlotte, Mecklenburg County, 
upon second reading. 

The bill passes its second reading by roll call vote, ayes 47, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, 
Edwards, Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, 
Henley, James, Johnson, Joyner, Kirby, Larkins, Maxwell, McGeachy, 
Moore, Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, 
Robinson, Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren 
of Wayne, West, J. White of Cleveland, V. White of Pitt— 47. 

The bill remains upon the Calendar. 

H. B. 659, a bill to revise the charter of the town of Stonewall in Pamlico 
County and to repeal prior Charter Acts, upon second reading. 

The bill passes its second reading by roll call vote, ayes 47, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, 
Edwards, Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, 
Henley, James, Johnson, Joyner, Kirby, Larkins, Maxwell, McGeachy, 
Moore, Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, 
Robinson, Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren 
of Wayne, West, J. White of Cleveland, V. White of Pitt— 47. 

The bill remains upon the Calendar. 

Committee Substitute for S. B. 322, a bill to repeal Chapter 602 of the 
1953 Session Laws relating to the appointment of a Veterans Service 



1969] SENATE JOURNAL 393 

Officer in Mitchell County and to make the provisions of General Statutes 
153-9(43) applicable to Mitchell County. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 423, a bill authorizing the establishment of a town liquor control 
store in the town of Angier, Harnett County, upon a vote of the people, 
and providing for the allocation of the net proceeds from the operation 
of such store. 

Upon motion of Senator Staton consideration of the bill is postponed 
until Wednesday, April 30, 1969. 

H. B. 583, a bill relating to the bringing of actions for the enforcement 
of taxes by Carteret County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 586, a bill to repeal Session Laws with special provisions for 
building permits in Dare County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 592, a bill to provide a supplemental retirement fund for firemen 
in the city of Newton and to modify the application of General Statutes 
118-5, 118-6 and 118-7 to the city of Newton. 

Passes its second and third readings and is ordered enrolled. 

H. B. 614, a bill to authorize the governing board of the town of Lake 
Waccamaw to regulate the subdivision of the land in and around said 
town and within 2,000 feet inland around the boundaries of Lake Waccamaw. 

Passes its second and third readings and is ordered enrolled. 

H. B. 650, a bill to fix the salaries of the board of county commissioners 
of Columbus County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 651, a bill to allow the sheriff and deputy sheriffs of Granville 
County to purchase automobiles from State surplus. 

Passes its second and third readings and is ordered enrolled. 

H. B. 656, a bill relating to the dissolution of the Moyock Drainage 
District. 

Passes its second and third readings and is ordered enrolled. 

H. B. 657, a bill relating to the salary of the mayor and the commis- 
sioners of the town of Murfreesboro in Hertford County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 658, a bill to permit the Stanly County Board of Commissioners 
to contribute to aid in the program of the Stanly County Vocational Work- 
shop, Inc. 

Passes its second and third readings and is ordered enrolled. 

H. B. 664, a bill altering the terms of office of members of the Rocky 
Mount City Board of Education and providing for staggered terms of office 
for such members. 

Passes its second and third readings and is ordered enrolled. 
H. B. 665, a bill to amend Chapter 1068 of the 1963 Session Laws relating 
to the salaries of the county commissioners. 



394 SENATE JOURNAL [Session 

Passes its second and third readings and is ordered enrolled. 

H. B. 670, a bill to amend Chapter 72 of the Session Laws of 1969 so as 
to make technical corrections in the charter of the village of Whispering 
Pines. 

Passes its second and third readings and is ordered enrolled. 

H. B. 675, a bill to make Chapter 1058 of the Session Laws of 1963 
applicable to Vance County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 676, a bill to amend Chapter 810 of the Session Laws of 1959 
relating to the supplemental firemen's retirement fund of the city of 
Henderson. 

Passes its second and third readings and is ordered enrolled. 

H. B. 677, a bill to amend Chapter 543 of the Session Laws of 1947 
relating to the appointment of the tax supervisor for Randolph County. 

Passes its second and third readings and is ordered enrolled. 

H. B. 754, a bill relating to the Anson County Administrative School 
Unit naming certain members to the board and fixing their terms of office. 

Passes its second and third readings and is ordered enrolled. 

S. B. 408, a bill relating to the collection of charges for ambulance 
service when the service is provided by a county or municipality. 

Senator Flaherty offers an amendment, held to be material, which is 
adopted, constituting the first reading of the bill. 

The bill, as amended, passes its second reading by roll call vote, ayes 47, 
noes 0, as follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, 
Edwards, Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, 
Henley, James, Johnson, Joyner, Kirby, Larkins, Maxwell, McGeachy, 
Moore, Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, 
Robinson, Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren 
of Wayne, West, J. White of Cleveland, V. White of Pitt— 47. 

The bill remains upon the Calendar. 

S. B. 409, a bill to create liens for ambulance service, upon third reading. 

The bill, as amended, passes its third reading by roll call vote, ayes 47, 
noes 0, as follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, 
Edwards, Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, 
Henley, James, Johnson, Joyner, Kirby, Larkins, Maxwell, McGeachy, 
Moore, Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, 
Robinson, Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren 
of Wayne, West, J. White of Cleveland, V. White of Pitt— 47. 

The bill, as amended, is ordered engrossed and sent to the House of 
Representatives. 

H. B. 608, a bill to rewrite General Statutes 148-23, regulating the 
conduct of prison employees, upon third reading. 



1969] SENATE JOURNAL 395 

The bill, as amended, passes its third reading and is ordered sent to the 
House of Representatives for concurrence in the Senate amendment. 

Committee Substitute for S. B. 43, a bill authorizing the qualified voters 
of any county to modify the composition and mode of election of the board 

of county commissioners. 

Senator V. White of Pitt offers an amendment which is adopted. 

The bill ,as amended, passes its second reading. 

Upon objection of Senator West to its third reading, the bill is placed 
on the Calendar for Tuesday, April 29, 1969. 

S. B. 520, a bill to amend General Statutes 18-116.2 relative to limiting 
sale to ABC stores. 

Upon motion of Senator J. White of Cleveland consideration of the bill 
is postponed until Tuesday, April 29, 1969. 

H. B. 405, a bill to amend General Statutes 118-20 so as to make the 
State Personnel Act applicable to the secretary of the North Carolina 
Firemen's Pension Fund. 

Passes its second and third readings and is ordered enrolled. 

H. B. 594, a bill amending General Statutes 153-246, relating to joint 
performance of administrative functions by local governments. 

Upon motion of Senator J. White of Cleveland consideration of the bill 
is postponed until Tuesday, April 29, 1969. 

Upon motion of Senator Allsbrook, the Senate adjourns to meet tomorrow 
at 12 M. 



NINETIETH DAY 

Senate Chamber, 
Tuesday, April 29, 1969. 

The Senate meets pursuant to adjournment, and is called to order by 
Lieutenant Governor H. Patrick Taylor, Jr. 

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the 
Senate. 

Senator McGeachy for the Committee on Rules and Operation of the 
Senate announces that the Journal of yesterday has been examined and 
is found to be correct, and upon his motion the reading of the Journal is 
dispensed with and it stands approved as written. 

The President grants leave of absence to Senators Robinson and Larkins 
for today. 

Upon motion of Senator Ellis, H. B. 699, a bill to amend Chapter 110 of 
the General Statutes to prohibit the exhibiting of mentally or physically 
defective children is taken from the Committee on Mental Health and 
re-referred to the Committee on Judiciary No. 1. 

Upon motion of Senator Nielson, the vote by which S. B. 408, a bill 
relating to the collection of charges for ambulance service when the 
service is provided by a county or a municipality, passed its second reading 
is reconsidered and the bill is placed upon today's Calendar. 



396 SENATE JOURNAL [Session 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by 
their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Ellis, for the Committee on Judiciary No. 1: 

S. B. 466, a bill to amend General Statutes 55-132 so as to permit foreign 
corporations from the States of Georgia, South Carolina, Tennessee and 
Virginia to act as testamentary trustees, administrators or executors in 
North Carolina on a reciprocal basis, with a favorable report, as amended. 

H. B. 71, a bill to amend General Statutes 20-216 concerning passing of 
horses and other draft animals, with a favorable report, as amended. 

H. B. 494, a bill to authorize municipalities to transfer and convey 
cemetery property and perpetual care funds to religious and charitable 
organizations, with a favorable report, as amended. 

H. B. 748, a bill to confirm, ratify and validate a certain conveyance of 
land by the city of Burlington, with a favorable report, as amended. 

By Senator James, for the Committee on Public Health: 

S. B. 345, a bill to authorize the North Carolina Board of Pharmacy to 
adopt a code of professional conduct for the practice of pharmacy, with a 
favorable report. 

S. B. 506, a bill to establish college extension courses and workshops in 
clinical practice and educational methods for the benefit of all nurses, with 
a favorable report, as amended. 

S. B. 542, a bill to designate Nurses' Week in North Carolina, with a 
favorable report. 

By Senator Kirby, for the Committee on Higher Education: 
S. B. 308, a bill to add the President of the Student Government on each 
campus of the University of North Carolina to the Board of Trustees of 
the University of North Carolina as ex officio voting members, with an 
unfavorable report as to bill, favorable report as to Committee Substitute 
bill. 

Upon motion of Senator Kirby, the Committee Substitute bill is placed 
upon today's Calendar. 

S. B. 529, a bill to enlarge the membership of the Board of Higher Educa- 
tion, with a favorable report. 

H. B. 267, a bill to establish Pembroke College as a regional university 
with the designation of "Pembroke State University", with a favorable 
report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions are introduced, read the first time, and disposed of 
as follows: 

By Senator MacLean: S. B. 544, a bill to provide for mandatory inspection 
of the slaughter of cattle, sheep, swine, goats and equines, and the prepara- 
tion of the carcasses, parts thereof, meat, and meat food products of 
such animals, solely for distribution in this State; for cooperation with the 



1969] SENATE JOURNAL 397 

United States Department of Agriculture; and for penalties for violations, 
detention, seizure and other enforcement authorities. 

Referred to Committee on Agriculture. 

By Senator Staton: S. B. 545, a bill to amend Chapter 105, Session Laws 
of 1961, relating to the appointment of the Sanford Alcoholic Board of 
Control. 

Referred to Committee on Alcoholic Beverage Control. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following message is received from the House of Representatives: 

House of Representatives, 
April 29, 1969. 

Mr. President: 

Pursuant to your request we are returning S. B. 364, "a bill to be 
entitled an act to provide for the establishment of the Kings Mountain 
Lake Authority", for further consideration by your Honorable Body. 

Respectfully, 

Jo Ann Smith, Principal Clerk 

Upon motion of Senator J. White of Cleveland, the bill is recommitted 
to the Committee on Local Government. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting 
the following bills and resolutions, which are read the first time and 
disposed of, as follows: 

H. B. 468, a bill to provide for the licensing of osteopathic physicians to 
practice medicine and surgery and to abolish the Board of Osteopathis 
Examination and Registration. 

Referred to Committee on Public Health. 

H. B. 685, a bill to amend Section 2 of Chapter 339 of the Private Laws 
of 1915, as amended by Chapter 218 of the Private Laws of 1929, extending 
the corporate limits of the city of LaGrange. 

Referred to Committee on Local Government. 

H. B. 712, a bill to amend the charter of the town of Havelock to exclude 
from within the town limits a portion thereof used primarily for agri- 
culture purposes. 

Referred to Committee on Local Government. 

H. B. 718, a bill to extend the corporate limits of the town of Battleboro. 

Referred to Committee on Local Government. 

Committee Substitute for S. B. 218, a bill to require motor vehicles to 
be equipped with safe tires, for concurrence in the House amendments. 

Senator Griffin moves that the Senate concur in the House amendments. 

Senator Boger moves that the bill be re-referred to the Committee on 
Highway Safety, which motion fails to prevail. 



398 SENATE JOURNAL [Session 

The Senate concurs in the House amendments and the bill is ordered 
enrolled. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as 
follows: 

H. B. 595, a bill to amend Chapter 1013 of the Session Laws of 1961, 
being the charter of the town of Edenton, to redefine the corporate limits, 
upon third reading. 

The bill passes its third reading by roll call vote, ayes 48, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, 
Edwards, Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, 
Henley, James, Johnson, Joyner, Kirby, MacLean, Maxwell, McGeachy, 
Moore, Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, 
Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of Wayne, 
West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48. 

The bill is ordered enrolled. 

H. B. 610, a bill to amend Sections 10 and 22(7) of the charter of the 
city of Raleigh (Chapter 1184 of the Session Laws of North Carolina, 
1949, as amended), upon third reading. 

The bill passes its third reading by roll call vote, ayes 48, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, 
Edwards, Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, 
Henley, James, Johnson, Joyner, Kirby, MacLean, Maxwell, McGeachy, 
Moore, Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, 
Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of Wayne, 
West J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48. 

The bill is ordered enrolled. 

H. B. 619, a bill to amend Chapter 216 of the Session Laws of 1967, 
being a part of the charter of the city of Charlotte, Mecklenburg County, 
upon third reading. 

The bill passes its third reading by roll call vote, ayes 48, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, 
Edwards, Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, 
Henley, James, Johnson, Joyner, Kirby, MacLean, Maxwell, McGeachy, 
Moore, Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, 
Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of Wayne, 
West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48. 

The bill is ordered enrolled. 

H. B. 659, a bill to revise the charter of the town of Stonewall in Pamlico 
County and to repeal prior charter acts, upon third reading. 



1969] SENATE JOURNAL 399 

The bill passes its third reading by roll call vote, ayes 48, noes 0, as 
follows: 

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal, 
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, 
Edwards, Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, 
Henley, James, Johnson, Joyner, Kirby, MacLean, Maxwell, McGeachy, 
Moore, Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, 
Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of Wayne, 
West J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48. 

The bill is ordered enrolled. 

S. B. 423, a bill authorizing the establishment of a town liquor control 
store in the town of Angier, Harnett County, upon a vote of the people, 
and providing for the allocation of the net proceeds from the operation 
of such store. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

Upon motion of Senator Staton, the vote by which the bill passed its 
third reading is reconsidered. 

Upon motion of Senator Staton, the vote by which the bill passed its 
second reading is reconsidered. 

The bill is placed upon the Calendar for tomorrow, April 30, 1969. 

Committee Substitute for S. B. 43, a bill authorizing the qualified voters 
of any county to modify the composition and mode of election of the board 
of county commissioners, upon third reading. 

The bill, as amended, passes its third reading and is ordered engrossed 
and sent to the House of Representatives. 

S. B. 203, a bill to define, regulate and license auctioneers of the State 
of North Carolina. 

Upon motion of Senator J. White of Cleveland, consideration of the bill 
is postponed until Wednesday, April 30, 1969. 

S. B. 479, a bill to amend General Statutes 130-13, so as to authorize 
counties to appoint additional members to the County Board of Health. 

Upon motion of Senator MacLean, the bill is recommitted to the Com- 
mittee on Public Health. 

S. B. 520, a bill to amend General Statutes 18-116.2 relative to limiting 
sale to A. B. C. stores. 

Passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 594, a bill amending General Statutes 153-246, relating to joint 
performance of administrative functions by local governments. 

Passes its second and third readings and is ordered enrolled. 

Committee Substitute for S. B. 308, a bill to add the President of the 
Student Government on each campus of the University of North Carolina 
to the Board of Trustees of the University of North Carolina as ex officio 
voting members, and to add the President of the Studen